The Insider

By John Liang
June 15, 2012 at 3:57 PM

The Pentagon last month released the seventh edition of its "International Cooperation in Acquisition, Technology and Logistics Handbook." As the document's foreword states:

International Cooperation in Acquisition, Technology and Logistics (IC in AT&L) is a complicated business. Acquisition personnel considering IC in AT&L for their technology projects and acquisition programs must take into account a series of complex national and international interrelationships. While the business is complex, the rewards are great. IC in AT&L has the potential to significantly improve interoperability for coalition warfare, to leverage scarce program resources, and to obtain the most advanced, state-of-the-art technology from the global technology and industrial base. The International Cooperation in Acquisition, Technology and Logistics (IC in AT&L) Handbook satisfies the need for a straightforward, explanatory "road map" through this complex business.

This handbook is not in itself a policy document, but is based almost entirely upon laws, directives, instructions, manuals and other policy documents. It is an informed view of the current practices and procedures in this complex area. It was developed from inputs from many informed sources, primarily the Office of the Secretary of Defense: OUSD (Acquisition, Technology & Logistics)/International Cooperation and OUSD (Policy), Chief of Staff, Director, International Security Programs. A number of OUSD(AT&L) offices contributed: Defense Procurement & Acquisition Policy, Manufacturing & Industrial Base Policy, Research & Engineering, Logistics and Materiel Readiness and Nuclear & Chemical & Biological Programs. The Military Departments international program offices and the U.S. Mission NATO provided support for selected sections. Contract support with handbook integration, including checking and renewing links to the laws and policy documents referenced throughout, was provided by LMI – Government Consulting. This Handbook directs the reader to additional sources for assistance and information.

View the document.

By Jason Sherman
June 14, 2012 at 10:20 PM

Sen. Dick Durbin (D-IL) yesterday compared F-35 program cost growth with Solyndra, the bankrupt solar manufacturing firm that failed after receiving a $535 million government loan guarantee.

"I will tell you the cost overruns on the F-35 equal 12 Solyndras," Durbin said during a June 13 Senate Appropriations defense subcommittee hearing.

Durbin's math would put the F-35's cost growth at $6.4 billion, a sum the Pentagon would no doubt gladly accept in light of actual schedule delays and cost increases.

GAO today issued a report that pegs F-35 cost growth at $162.7 billion, roughly equal to 304 Solyndras.

By Christopher J. Castelli
June 14, 2012 at 1:02 PM

An Air Force CV-22 Osprey, assigned to the 1st Special Operations Wing, crashed at about 6:45 p.m. Wednesday evening during a routine training mission at Hulrburt Field’s Eglin Range, north of Navarre, FL, according to a statement released by the Air Force last night. The accident is under investigation. Five crew members aboard were taken to local area hospitals, according to the statement. Two crew members were taken by ambulance, while the other three were taken via air. An Air Force spokeswoman said the site of the crash is a pretty remote area. A Pentagon source told InsideDefense.com that the wreckage burned until midnight.

A fatal CV-22 mishap occurred in April 2010 when an Osprey crashed in Afghanistan. An investigation board could not pinpoint the crash's cause, but concluded that engine trouble, crew errors and weather were contributing factors. More recently, the Marine Corps has been investigating a fatal MV-22 Osprey crash that occurred in Morocco on April 11. The Marine Corps has ruled out mechanical failure as a cause of that crash. But the Associated Press reported Tuesday that concerns about the safety of the Osprey have prompted Japanese officials to put on hold plans to temporarily deploy the aircraft to the city of Iwakuni.

By John Liang
June 13, 2012 at 11:45 PM

InsideDefense.com reported yesterday that Sierra Nevada Corp., which was awarded an Air Force contract to build aircraft for the Afghan military and then had the contract revoked, had filed a lawsuit with the U.S. Court of Federal Claims seeking reinstatement of that contract. Further:

This is the second lawsuit filed against the Air Force over the contract. The first lawsuit was brought by Sierra Nevada's competitor, Hawker Beechcraft, after the Air Force eliminated it from the contract competition and then denied the company an explanation for that elimination. Hawker subsequently dropped the suit after the Air Force revoked Sierra Nevada's contract.

The $355 million contract that would supply 20 Light Air Support (LAS) aircraft to Afghanistan has also garnered the attention of the House Armed Services Committee chairman, who is now monitoring allegations that the contract lacks safeguards.

Taco Gilbert, one of Sierra Nevada's vice presidents, told Inside the Air Force today that his company filed the lawsuit only after it had exhausted every option to understand why the contract was withdrawn. Senior Air Force officials were notified of the impending litigation today and late yesterday, he said, adding that Sierra Nevada recently tried to legally obtain the preliminary details of the Air Force's investigation into the contract-awarding process but to no avail. The head of Air Force Materiel Command is overseeing that investigation.

"We were denied access to the commander-directed investigation," Gilbert said. "Had we seen it prior to this, we might not have had to go to this step."

The story also highlights a growing concern among lawmakers that the Air Force procurement process for this particular contract is marred by a lack of safeguards:

Eight congressmen from Arkansas and Kansas recently called on House Armed Services Committee Chairman Buck McKeon (R-CA) to keep an eye on the Air Force contract, which they claimed lacks safeguards and could produce aircraft with the potential to endanger the pilots that use it. Reps. Rick Crawford (R-AR), Tim Griffin (R-AR), Mike Ross (D-AR), Steve Womack (R-AR), Tim Huelskamp (R-KS), Lynn Jenkins (R-KS), Mike Pompeo (R-KS) and Kevin Yoder (R-KS), sent a signed letter to McKeon on June 7.

"We ask you for your assistance in obtaining an explanation from the Air Force of the entire requirements development history for the Afghanistan LAS acquisition and to include the development of any applicable [Memorandum of Requirements]," the letter states. "This information may help restore needed confidence in this significant procurement effort. We appreciate your consideration of our request and look forward to working with the Armed Services Committee to gain clarification from the Air Force."

We now have that letter. Click here to view it.

And here is more of our coverage on the LAS issue:

Hawker: Ejection Seat Standards An Issue In Light Air Support RFP (April 13)

Sierra Nevada Sees Delay In LAS Effort After Contract Cancellation (Feb. 28)

By Sebastian Sprenger
June 13, 2012 at 3:20 PM

Defense officials are preparing an omnibus reprogramming request for fiscal year 2012 to cover unexpected costs, Defense Secretary Leon Panetta told the Senate Appropriations defense subcommittee this morning. Among the bills that must be paid are almost $3 billion for fuel and extra funds for the U.S.-Israeli "Iron Dome" missile-defense program, the cost of which Panetta didn't specify.

Also driving up cost is the continuing closure of supply lines through Pakistan. Panetta, for the first time, put a price tag on having to use longer land transportation routes across Asia: $100 million per month.

Officials have been hesitant to disclose the financial fallout of the spat with Islamabad thus far, perhaps out of fear that disclosing a figure might weaken the U.S. negotiating position to reopen the Pakistani routes.

View Panetta's prepared testimony.

By Tony Bertuca
June 12, 2012 at 5:04 PM

A second Senate hold surfaced today on Heidi Shyu's nomination to become the Army's next acquisition executive, according to a published report.

A Bloomberg News story states that Sen. John Cornyn (R-TX) has placed a hold on Shyu in protest of the Defense Department's ongoing business arrangement with a Russian company to supply the Afghan army with Mi-17 helicopters.

InsideDefense.com first broke the news on Shyu's stalled nomination earlier this month when it was learned that Sen. Tom Coburn (R-OK) exercised a hold in protest of the Army's strategy to improve the M4 Carbine rifle.

By John Liang
June 12, 2012 at 3:47 PM

The National Geospatial-Intelligence Agency is getting a $123 million funding boost. The money was shifted over from the Military Intelligence Transfer Fund.

The details are classified, but the Pentagon released a reprogramming memo signed by Comptroller Robert Hale and dated June 8 announcing the funding switch.

In related news, Inside the Pentagon reported in April that the Defense Department had asked Congress for new authority to permit NGA to provide imagery intelligence and geospatial information support to regional organizations with defense or security components and security alliances of which the United States is a member. ITP further reported:

The initiative, one of several Defense Department legislative proposals submitted to Congress this month, would be an expansion of existing authority that lets the agency, called NGA for short, share mapping, charting and geodetic data support.

"Under current law, the NGA may only provide mapping, charting and geodetic data to security alliances and regional organizations such as the North Atlantic Treaty Organization (NATO) and the European Union (EU)," the proposal states. "As a result of the War on Terrorism, piracy and other recent national security issues, there are increasing requests for NGA to support these alliances and organizations and their forces with a broad range of geospatial intelligence (GEOINT)."

The proposal states the agency "has been able to find alternative legal basis for the requests to date but requires statutory changes to address the full range of anticipated requirements from these alliances and organizations." The agency can now provide foreign countries with imagery intelligence and geospatial information support. But increasingly the agency has been asked to provide "certain GEOINT support to military operations conducted by NATO in Afghanistan and security and peacekeeping operations conducted by the EU in the Balkans and Africa," DOD writes.

The agency has handled these requests by providing support to the individual countries involved or to a coalition of countries; by supporting the GEOINT needs of the State Department and other U.S. departments; by heeding a pact with NATO that permits the purchase of limited-distribution maps as foreign military sales; and by using other specific, limited and mostly temporary authorities.

By Christopher J. Castelli
June 11, 2012 at 6:31 PM

A Broad Area Maritime Surveillance Demonstrator (BAMS-D) unmanned aircraft being tested by the Navy crashed today at 12:11 p.m. near Bloodworth Island in Dorchester County, MD, the service said in a statement, which notes there were "no injuries to civilians and no property damage."

Navy officials are investigating the cause of the mishap, according to the statement.

The aircraft that crashed is one of five acquired from the Air Force Global Hawk program. The BAMS-D program has been developing tactics and doctrine for the employment of high-altitude unmanned patrol aircraft since November 2006, according to the statement.

By John Liang
June 11, 2012 at 5:13 PM

The White House will likely not be able to complete its export-control reform initiative by the end of the year, Inside U.S. Trade reported on Friday. According to Commerce Under Secretary for Industry and Security Eric Hirschhorn, the Obama administration still plans to make as much progress as possible in finalizing category revisions of the U.S. Munitions List (USML) and beginning to formally notify Congress of its intent to move items to the less stringent controls of the Commerce Control List (CCL). Inside U.S. Trade further reported:

"I don't think we can complete the whole thing in this calendar year, but I think we can get a lot more done in terms of Section 38(f) notices [required to move items off the USML], putting some regs into final form, and publishing them," Hirschhorn told the President's Export Council Subcommittee on Export Administration (PECSEA) on June 4. "Certainly if the president is re-elected, we're going to see it through."

His statement was the most definitive one so far that the administration will not meet its goal of completing the category revisions and congressional notifications by the end of the year (Inside U.S. Trade, Dec. 9, 2011 & March 2).

Assistant Secretary for Export Administration Kevin Wolf told the group that the earliest a congressional notification could take place under Section 38(f) of the Arms Export Control Act would be August or September of this year.

Once formally notified, Congress has 30 days to pass a resolution of disapproval through both chambers to stop a USML transfer. That timeline has been expanded considerably in the past through an informal process of consultations prior to submitting formal notifications.

But Hirschhorn and Wolf said at a PECSEA lunch meeting they did not see much more need for such an informal process in advance of a formal notification for the export control reform initiative transfers because of the extensive consultations the administration has already held with Congress over more than a year.

"We have done a great deal [of consultation]; it is getting to be time to get moving," Hirschhorn said. Asked if he sees the next step for the administration in the fall as a formal notification, Hirschhorn said "correct."

He said that the administration is trying very hard not to "jam anybody" in Congress, and has done dozens of meetings and briefings for Congress, and invited further consultations at any time. "But at some point, we are going to have to go forward," he said.

The details of the Section 38(f) process remain shrouded in controversy because the House is demanding more detailed information on the items to be transferred than the administration considers appropriate or possible to provide. The House approved these demands as part of the 2013 National Defense Authorization Act (NDAA), and Hirschhorn blasted that legislation as at a minimum substantially delaying the export control reform drive or potentially crippling it altogether.

The House-passed bill would require the administration to include in its Section 38(f) notice an "enumeration" of the items to be transferred "to the extent practicable." According to critics, the term "enumeration" can be read as requiring an item-by-item list for transfers, which the administration argues would be impossible to provide.

Hirschhorn said Commerce was working with Congress to find language for the final version of the bill that would be more acceptable to the administration. He noted that the administration has been "kicking around" a long list of words as alternatives to "enumeration" that it hopes might end up in the legislation and "could work a lot better."

By Christopher J. Castelli
June 11, 2012 at 3:27 PM

The United States is withdrawing from Pakistan the team of U.S. negotiators that has been working for weeks to reach an agreement that would prompt the Pakistani government to reopen ground supply routes bordering Afghanistan, Pentagon Press Secretary George Little told reporters today.

Little said reopening the routes remains under discussion and that U.S. officials hope to resolve the issue soon. The team, which had been in Pakistan for about six weeks, will hopefully be stateside for only a short period of time, he said. The Defense Department will continue to work on the matter through the U.S. embassy in Pakistan, he said.

By John Liang
June 8, 2012 at 4:15 PM

Naval Sea Systems Command announced this morning that it "intends to award FY13-14 STANDARD Missile-6 (SM-6) Block I and STANDARD Missile-2 (SM-2) Block IIIA/IIIB requirements on a sole source basis to Raytheon," according to a Federal Business Opportunities notice. The SM-6 is seen as the cornerstone to the land-based portion of the Obama administration's proposed phased adaptive approach to regional missile defense. The announcement further states:

The requirement consists of SM-6 Block I and SM-2 Block IIIA/IIIB missiles, spare components and sections, telemeters/installation kits, replenishment spares, and shipping containers, as well as SM-6 Block I instrumentation kits. Foreign Military Sale (FMS) items include SM-2 Block IIIA/IIIB missiles, shipping containers, and spare components and sections. The Government intends to procure the missiles as AURs, which include all major SM-6 Block I components (guidance section, power control and telemetry section, steering control section, rocket motor, fuze booster, fin set, target detecting device, and thrust vector assembly) and SM-2 Block IIIA/IIIB components (safe and arm device, warhead, rocket motor, fuze booster, and target detecting device) required for AUR missile configuration.

Additionally, this procurement will include level-of-effort (LOE) design agent engineering and technical services. Raytheon is the only company with the requisite expertise, knowledge, experience and facilities necessary to meet requirements for the STANDARD Missile program. Companies interested in subcontracting opportunities should contact Raytheon Company directly.

The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals.

However, all proposals received within forty-five days (thirty days if award is issued under an existing basic ordering agreement) after date of publication of this synopsis will be considered by the government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

By John Liang
June 7, 2012 at 3:23 PM

While the Defense Department has "conducted some analysis to support" its decisions to permanently station Navy Aegis ships in Rota, Spain and reduce the size of Army troops in Europe, "the full cost implications of these decisions are unknown," according to a Government Accountability Office report released yesterday:

* Forward deployment and permanent stationing of U.S. Navy ships in Rota. The Navy considered three options: (1) deploying ships to the region from U.S. bases, (2) forward stationing ships and crews overseas, and (3) deploying ships to the region and rotating crews from U.S. bases. The Navy concluded that forward stationing ships was the most efficient option, but GAO found that it did not fully consider the option to rotate crews from U.S. bases and, in a classified analysis, it used different assumptions for forward stationing versus deploying from the United States. These assumptions could affect the results of the analysis and have long-term cost implications. GAO's Cost Estimating and Assessment Guide states that a business case or cost-benefit analysis finds the best value solution by presenting facts and supporting details among competing alternatives, including the life cycle costs and benefits, and sensitivity to changes in assumptions. Without an analysis that controls for differing assumptions or considers factors such as complete life cycle costs, the long-term costs associated with its decision to forward station ships will remain unknown.

* Reduction of U.S. Army force structure in Europe. The planned reductions of U.S. Army forces in Europe will likely save money; however, decisions that could affect the extent of the savings are pending. For example, a 2010 Army analysis found $2 billion in savings over 10 years by returning forces from Germany, but assumed that new facilities estimated at $800 million would need to be built in the United States to house them. However, present planned reductions in overall Army end strength could eliminate the need for new construction. Further, DOD announced that it will rotate forces from the United States to Europe, but the nature of the rotations -- which could include significant costs depending on their size and frequency -- has not yet been defined. According to DOD officials, until such determinations are made, the savings to DOD will remain uncertain.

DOD has taken steps to align posture initiatives with strategy and cost, but continues to lack comprehensive and consistent cost estimates of initiatives. DOD's evolving posture process links initiatives with defense goals. Stakeholders from key DOD entities prioritize the initiatives in a voting process based on strategic criteria; cost is discussed, but not voted on. Furthermore, combatant commands did not completely and consistently report cost data in their theater posture plans because of the lack of readily available cost information. GAO found two primary reasons for this: unclear roles and responsibilities of key DOD organizations that have access to the cost data needed to compile and report comprehensive cost estimates and lack of a standardized format to compile and report cost data from component commands. Until these cost data are comprehensively compiled and reported, DOD and congressional decision makers will be unable to assess the true cost of posture initiatives.

By John Liang
June 6, 2012 at 9:00 PM

House Armed Services strategic forces subcommittee Chairman Mike Turner (R-OH) is calling on President Obama to follow through on the promises the president made to the Senate during the ratification of the follow-on Strategic Arms Reduction Treaty in 2010.

"Without the [nuclear weapons] modernization program and the President's promises to fund and implement it, concerns in the Senate about the treaty would have prevented it from being modified," according to a statement accompanying a June 5 letter Turner released today.

"For the first time, the U.S. has signed a treaty that required it to undertake unilateral reductions," Turner's letter states, adding: "There is a growing concern, including by your former Secretary of Defense, about the safety, security, reliability, and credibility of the U.S. nuclear deterrent."

The congressman's letter notes that Obama in December 2012 had stated about the nuclear weapons modernization plan "[t]hat is my commitment to the Congress-that my administration will pursue these programs and capabilities for as long as I am President."

In his letter, Turner complains that the administration's fiscal year 2013 nuclear weapons modernization budget request "was significantly below what you promised in November 2010 and as much as $4 billion below what is projected for just the next five years in the section 1251 plan."

Additionally, the lawmaker cites a May 18 Office of Management and Budget memo which states that "overall agency request for 2014 should be five percent below . . . the 2013 budget."

InsideDefense.com reported yesterday that OMB is exempting the Pentagon from that guidance, according to a government spokesman. Further:

"All agencies are being asked to identify efficiencies and ways to get the most from taxpayer dollars," OMB spokesman Kenneth Baer said in a statement to InsideDefense.com today. "The Department of Defense, however, is in a unique situation as it already has put together a detailed spending plan -- consistent with the Budget Control Act -- for the next five, and even 10, years.

"So, while DOD will have to identify areas of savings and efficiency, they are not being asked to submit a 5-percent-cut scenario," he added.

Specifically, the Pentagon is relieved from budget guidance issued by OMB acting director Jeffrey Zients on May 18, in a three-page memo to department and agency heads instructing them to assume smaller FY-14 budgets than those laid out by the administration in its FY-13 budget proposal sent to Congress in February.

The government "will need to make hard choices," Zients wrote. Discretionary spending levels -- enacted last summer as part of a deal between the White House and House Republican leaders to raise the debt ceiling -- will "continue to sharply constrain discretionary spending," his memo adds. "Unless your agency has received different guidance from OMB, your overall agency request for 2014 should be 5 percent below the net discretionary total provided for your agency for 2014 in the 2013 budget."

Accordingly, the Pentagon is expected to build an FY-14 budget in line with spending levels outlined in February -- a topline of $533.6 billion in the base budget, a sum that allows for no real growth, or increases above the rate of inflation.

Pentagon leaders last fall revised the military's long-term spending plans in accordance with spending levels required by the Budget Control Act, cutting $486.7 billion from planned spending through 2021. DOD's FY-13 base budget proposal, $525.4 billion, marked a $45.3 billion reduction from earlier plans. In total, the Pentagon trimmed $259.4 billion from its five-year spending plan to comply with discretionary spending levels enacted last summer.

By John Liang
June 6, 2012 at 7:39 PM

The Government Accountability Office's comptroller general has upheld a protest by KPMG against Deloitte & Touche "for accounting and financial services in support of the Office of the Director of National Intelligence," according to a GAO summary of the decision, which adds:

KPMG argues that the CIA held misleading discussions, misevaluated the proposals, failed to conduct a proper cost realism analysis, and made an unreasonable source-selection decision.

By John Liang
June 6, 2012 at 3:57 PM

The Missile Defense Agency has awarded a $2 billion "sole-source letter" contract to Lockheed Martin Space Systems for 42 Terminal High-Altitude Area Defense system interceptors, according to a Pentagon statement released late yesterday afternoon:

The government intends to combine this procurement with the Foreign Military Sales for the United Arab Emirates procurement of 96 interceptors, previously synopsized as an [undefinitized contract action] under basic ordering agreement HQ0147-12-G-9000, in order to gain synergy cost savings. This UCA covers the combined procurement of a minimum of 138 interceptors.  This work will be managed in Sunnyvale, Calif., with final assembly performed in Troy, Ala.  The performance period extends from June 4, 2012 through July 31, 2018. . . . Definitization of the UCA is anticipated no later than Nov. 30, 2012.

Inside the Army reported last month that Senate defense authorizers had added $100 million for THAAD interceptors on top of the administration's $461 million fiscal year 2013 request.

In authorizing a total of $561 million for THAAD interceptor procurement, Senate authorizers followed the lead of the House Armed Services Committee, which in April added $127 million for the program to buy 12 more interceptors than defense officials had requested in the budget. ITA further reported:

Senators authorized $1.5 billion for Army and "related" missile defense programs as part of an overall $9.7 billion missile-defense package requested by the administration, according to the committee's statement on the markup of the FY-13 bill.

Meanwhile, the THAAD program was mentioned briefly in an interim report from NATO defense contractors in preparation for the alliance's NATO summit in Chicago earlier this month. The study fleshes out how NATO's stated goal of increasing the sharing of defense assets among member nations would work in a notional ballistic missile defense framework that would include Russia.

"If THAAD were procured by a NATO country, it would be a candidate for pooling and sharing interceptor missiles," the document reads.

Lockheed Martin is part of the NATO Industrial Advisory Group, which prepared the report.