September 27, 2021

News

News Network

Fixed-Price-Incentive Contracts: DOD Has Increased Their Use but Should Assess Contributions to Outcomes

12 min read
<div>The Department of Defense (DOD) has encouraged the use of fixed-price-incentive (FPI) contracts where appropriate. These contracts can provide defense contractors with a profit incentive for effective cost control and performance depending on how they are structured. Over the 10-year period from fiscal years 2010 through 2019, obligations on FPI contracts for major defense acquisition programs (MDAPs) grew to account for almost half of the $65 billion in obligations for fiscal year 2019. Percentage of Obligations by Contract Type for Major Defense Acquisition Programs from Fiscal Years 2010 through 2019 DOD guidance, including Better Buying Power initiatives, influenced DOD's use of FPI contracts over the last decade for the selected contracts GAO reviewed. In addition, when selecting a contract type, contracting officers also considered factors including the availability of cost or pricing data, previous experience with the contractor, and the previously used contract type. DOD has not assessed the extent to which use of FPI contracts has contributed to achieving desired cost and schedule performance outcomes. DOD spends billions of dollars annually using fixed-price type contracts to acquire its MDAPs, among other things. In 2010, DOD's Better Buying Power guidance encouraged the use of FPI contracts as a way to obtain greater efficiency and productivity in defense spending. Congress included a provision in statute for GAO to report on DOD's use of fixed-price type contracts, including FPI. This report examines (1) the extent to which DOD has awarded FPI contracts associated with MDAPs from fiscal years 2010 through 2019, and (2) the factors that influenced DOD's decision to use FPI contracts and the extent to which DOD assesses their use, among other objectives. GAO analyzed government contracting data by contract type for fiscal years 2010 through 2019 on contracts for 101 MDAPs. GAO further analyzed a non-generalizable sample of 12 contracts including six FPI and six firm-fixed-price (two of each type from each of the three military departments); conducted file reviews; reviewed policy documentation; and interviewed DOD officials. GAO recommends that DOD conduct an assessment of its use of FPI contracts for major defense acquisition programs, including the extent to which share lines and other contract elements contributed to achieving desired cost and schedule performance outcomes. DOD agreed with GAO's recommendation. For more information, contact W. William Russell at (202) 512-4841 or russellw@gao.gov.</div>

What GAO Found

The Department of Defense (DOD) has encouraged the use of fixed-price-incentive (FPI) contracts where appropriate. These contracts can provide defense contractors with a profit incentive for effective cost control and performance depending on how they are structured. Over the 10-year period from fiscal years 2010 through 2019, obligations on FPI contracts for major defense acquisition programs (MDAPs) grew to account for almost half of the $65 billion in obligations for fiscal year 2019.

Percentage of Obligations by Contract Type for Major Defense Acquisition Programs from Fiscal Years 2010 through 2019

DOD guidance, including Better Buying Power initiatives, influenced DOD’s use of FPI contracts over the last decade for the selected contracts GAO reviewed. In addition, when selecting a contract type, contracting officers also considered factors including the availability of cost or pricing data, previous experience with the contractor, and the previously used contract type. DOD has not assessed the extent to which use of FPI contracts has contributed to achieving desired cost and schedule performance outcomes.

Why GAO Did This Study

DOD spends billions of dollars annually using fixed-price type contracts to acquire its MDAPs, among other things. In 2010, DOD’s Better Buying Power guidance encouraged the use of FPI contracts as a way to obtain greater efficiency and productivity in defense spending.

Congress included a provision in statute for GAO to report on DOD’s use of fixed-price type contracts, including FPI. This report examines (1) the extent to which DOD has awarded FPI contracts associated with MDAPs from fiscal years 2010 through 2019, and (2) the factors that influenced DOD’s decision to use FPI contracts and the extent to which DOD assesses their use, among other objectives.

GAO analyzed government contracting data by contract type for fiscal years 2010 through 2019 on contracts for 101 MDAPs. GAO further analyzed a non-generalizable sample of 12 contracts including six FPI and six firm-fixed-price (two of each type from each of the three military departments); conducted file reviews; reviewed policy documentation; and interviewed DOD officials.

What GAO Recommends

GAO recommends that DOD conduct an assessment of its use of FPI contracts for major defense acquisition programs, including the extent to which share lines and other contract elements contributed to achieving desired cost and schedule performance outcomes. DOD agreed with GAO’s recommendation.

For more information, contact W. William Russell at (202) 512-4841 or russellw@gao.gov.

More from:

News Network

  • Justice Department Files Housing Discrimination Lawsuit Against Staten Island, New York Rental Agent and Real Estate Agency
    In Crime News
    The Department of Justice announced today that it has filed a lawsuit against Village Realty of Staten Island Ltd. and Denis Donovan, a sales and former rental agent at Village Realty, alleging discrimination against African Americans in violation of the Fair Housing Act when offering housing units for rent. The lawsuit is based on the results of testing conducted by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices. 
    [Read More…]
  • Designating Officials and Entities in Connection with the Military Coup in Burma
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Defense Infrastructure: Army Needs to Improve Its Facility Planning Systems to Better Support Installations Experiencing Significant Growth
    In U.S GAO News
    The Army is concurrently implementing several major force structure and basing initiatives, including Base Realignment and Closure, Grow the Force, and Army Modularity. The resulting large increase in personnel associated with these initiatives at many installations has required and will continue to require significant facility planning and construction to meet needs. GAO was asked to (1) describe the Army's investment in domestic facilities to meet the needs associated with the initiatives; (2) determine the extent to which the Army's facility planning systems are complete, current, and accurate; and (3) assess whether stationing information has been provided to installations far enough in advance to permit facility planning and acquisition to accommodate arriving personnel. To address these objectives, GAO reviewed relevant documentation; analyzed budget documents, information from Army planning systems, and facility criteria standards; visited installations; and interviewed relevant officials.For fiscal years 2006 through 2015, the Army plans to have spent about $31 billion to meet domestic installation facility needs associated with the personnel increases resulting from several major force structure and infrastructure initiatives. This investment will reduce facility shortages at the affected installations, but some shortages will still exist for certain types of facilities, including tactical vehicle maintenance facilities and battalion and company headquarters. The Army estimates that it could cost an additional $19 billion to eliminate the shortages. Yet, without these buildings, the Army will continue to rely on legacy facilities that often do not meet current Army standards or use relocatable facilities. The Army plans to evaluate these requirements and priorities in preparing future budget requests. The systems used by the Army to determine the number, type, and size of facilities needed to accommodate forces stationed at domestic installations have not always produced reliable results for some types of facilities because the systems have often relied on data that are not complete, current, or accurate. GAO examined the criteria system for 62 essential facility types and found that the system did not include the Army's current standard design criteria for 51 of the 62 facilities. Without current criteria embedded into the facility planning systems, the systems cannot help planners accurately calculate facility requirements. Additionally, GAO found that the automated calculations that produce facility allowances--a baseline for determining facility requirements--were questionable in several cases, such as producing a requirement for 74 baseball fields for Fort Bragg. Moreover, because the information from the planning systems is used to identify facility shortages and support budget decisions, incomplete, out-of-date, or inaccurate data could adversely affect management decisions about the construction and renovation of facilities. The Army has not always provided installation planners with information on stationing actions far enough in advance to allow the installations to prepare the permanent facilities necessary for arriving personnel. Army guidance recommends 5 years' lead time for submitting stationing packages for approval that require new construction; however, the size of ongoing operations in Iraq and Afghanistan, which has led to an increase in the movement of Army personnel, has made this difficult. For example, GAO found cases where installations were informed of stationing decisions with less than a year's notice, which installation officials said was far less time than needed to prepare the required facilities. As a result, new facilities have not always been available for arriving units and installations have had to employ interim measures, such as using relocatable facilities or using sustainment funds to build facilities, which, in turn, could result in needed sustainment work going unmet. GAO also found that installations were not always being notified when proposed stationing actions had been delayed or canceled, potentially leading to funds being wasted on unnecessary preparations.
    [Read More…]
  • Former CIA Officer Arrested and Charged with Espionage
    In Crime News
    Alexander Yuk Ching Ma, 67, a former Central Intelligence Agency (CIA) officer, was arrested on Aug. 14, 2020, on a charge that he conspired with a relative of his who also was a former CIA officer to communicate classified information up to the Top Secret level to intelligence officials of the People’s Republic of China (PRC). The Criminal Complaint containing the charge was unsealed this morning.
    [Read More…]
  • SOS Interpreting, Ltd.
    In U.S GAO News
    A firm protested the Drug Enforcement Administration's (DEA) exclusion of its proposal from the competitive range for translation, transcription, and related support services, contending that DEA (1) unreasonably rejected the initial evaluations of proposals and reconvened a new evaluation panel and (2) did not have a valid basis to reject its proposal, since DEA improperly evaluated its bid. GAO held that (1) there was no evidence in the record that DEA's decisions were not made in good faith and (2) DEA's evaluation was reasonable and consistent with the evaluation criteria set forth in the solicitation. Accordingly, the protest was denied.
    [Read More…]
  • Promoting Accountability for Those Responsible for Violence Against Protestors in Burma
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Former NGO Procurement Official Sentenced to Prison for Bribery
    In Crime News
    A former non-governmental organization (NGO) official was sentenced today to 40 months in prison for paying bribes to NGO officers in exchange for sensitive procurement information related to NGO contracts funded in part by the U.S. Agency for International Development (USAID).
    [Read More…]
  • U.S. Announces Humanitarian Assistance at the International Conference on Sustaining Support for the Rohingya Refugee Response
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Visit by Israeli Foreign Minister Yair Lapid to Morocco for the Reopening of the Israeli Liaison Office
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Financial Stability: Agencies Have Not Found Leveraged Lending to Significantly Threaten Stability but Remain Cautious Amid Pandemic
    In U.S GAO News
    In the years before the economic shock from the COVID-19 pandemic, the Financial Stability Oversight Council (FSOC) and others assessed the potential risks to financial stability that leveraged loans and collateralized loan obligation (CLO) securities may pose. Generally, leveraged loans are those made to businesses with poor credit and high debt, and CLO securities are backed by these loans. FSOC and others found that riskier borrower profiles and looser underwriting standards left leveraged lending market participants vulnerable to losses in the event of a downturn. After the COVID-19 shock in March 2020, loans suffered record downgrades and increased defaults, but the highest-rated CLO securities remained resilient. Although regulators monitoring the effects of the pandemic remain cautious, as of September 2020, they had not found that leveraged lending presented significant threats to financial stability. Based on regulators' assessments, leveraged lending activities had not contributed significantly to the distress of any large financial entity whose failure could threaten financial stability. Large banks' strong capital positions have allowed them to manage their leveraged lending exposures, and the exposure of insurers and other investors also appeared manageable. Mutual funds experienced redemptions by investors but were able to meet them in part by selling leveraged loan holdings. While this may have put downward pressure on already-distressed loan prices, based on regulators' assessments, distressed leveraged loan prices did not pose a potential threat to financial stability. Present-day CLO securities appear to pose less of a risk to financial stability than did similar securities during the 2007–2009 financial crisis, according to regulators and market participants. For example, CLO securities have better investor protections, are more insulated from market swings, and are not widely tied to other risky, complex instruments. FSOC monitors leveraged-lending-related risks primarily through its monthly Systemic Risk Committee meetings, but opportunities exist to enhance FSOC's abilities to respond to financial stability threats. FSOC identified leveraged lending activities as a source of potential risk to financial stability before the COVID-19 shock and recommended continued monitoring and analysis. However, FSOC does not conduct tabletop or similar scenario-based exercises where participants discuss roles and responses to hypothetical emergency scenarios. As a result, FSOC is missing an opportunity to enhance preparedness and test members' coordinated response to financial stability risks. Further, as GAO reported in 2016, FSOC does not generally have clear authority to address broader risks that are not specific to a particular financial entity, such as risks from leveraged lending. GAO recommended that Congress consider better aligning FSOC's authorities with its mission to respond to systemic risks, but Congress had not done so as of September 2020. GAO maintains that changes such as broader designation authority would help FSOC respond to risks from activities that involve many regulators, such as leveraged lending. The market for institutional leveraged loans grew from an estimated $0.5 trillion in 2010 to $1.2 trillion in 2019, fueled largely by investor demand for CLO securities. Some observers and regulators have drawn comparisons to the pre-2008 subprime mortgage market, noting that loan origination and securitization may similarly spread risks to the financial system. These fears are being tested by the COVID-19 pandemic, which has significantly affected leveraged businesses. This report examines assessments by regulators, FSOC, and others—both before and after the COVID-19 shock to the economy—of the potential risks to financial stability stemming from leveraged lending activities, and the extent to which FSOC monitors and responds to risks from broad-based activities like leveraged lending, among other objectives. GAO examined agency and private data on market size and investor exposures; reviewed agency, industry, and international reports; and interviewed federal financial regulators and industry participants. GAO recommends that the Secretary of the Treasury, as Chairperson of FSOC, conduct scenario-based exercises intended to evaluate capabilities for responding to crises. GAO also reiterates its 2016 recommendation (GAO-16-175) that Congress consider legislative changes to align FSOC's authorities with its mission. FSOC neither agreed nor disagreed with the recommendation, but said that it would take further actions if it determined necessary. For more information, contact Michael E. Clements at (202) 512-8678 or ClementsM@gao.gov.
    [Read More…]
  • Statement by Attorney General William P. Barr on the Passing of Justice Ruth Bader Ginsburg
    In Crime News
    Attorney General William [Read More…]
  • Stabilization and Reconstruction: Actions Are Needed to Develop a Planning and Coordination Framework and Establish the Civilian Reserve Corps
    In U.S GAO News
    In 2004, the Department of State created the Office of the Coordinator for Reconstruction and Stabilization to coordinate U.S. planning and implementation of stabilization and reconstruction operations. In December 2005, President Bush issued National Security Presidential Directive 44 (NSPD-44), charging State with improving coordination, planning, and implementation of such operations and ensuring that the United States can respond quickly and effectively to overseas crises. GAO was asked to report on State's efforts to improve (1) interagency planning and coordination for stabilization and reconstruction operations, and (2) deployment of civilians to these operations. To address these objectives, we conducted interviews with officials and reviewed documents from U.S. agencies and government and private research centers.The office of the Coordinator for Reconstruction and Stabilization (S/CRS) is developing a framework for planning and coordinating U.S. reconstruction and stabilization operations. The National Security Council (NSC) has adopted two of three primary elements of the framework--the Interagency Management System and procedures for initiating the framework's use. However, the third element--a guide for planning stabilization and reconstruction operations--is still in progress. We cannot determine how effective the framework will be because it has not been fully applied to any stabilization and reconstruction operation. In addition, guidance on agencies' roles and responsibilities is unclear and inconsistent, and the lack of an agreed-upon definition for stabilization and reconstruction operations poses an obstacle to interagency collaboration. Moreover, some interagency partners stated that senior officials have shown limited support for the framework and S/CRS. Some partners described the new planning process, as presented in early versions of the planning guide, as cumbersome and too time consuming for the results it has produced. S/CRS has taken steps to strengthen the framework by addressing some interagency concerns and providing training to interagency partners. However, differences in the planning capacities and procedures of civilian agencies and the military pose obstacles to effective coordination. State has begun developing three civilian corps that can deploy rapidly to international crises, but key details for establishing and maintaining these units remain unresolved. First, State created the Active Response Corps (ARC) and the Standby Response Corps (SRC) comprised of U.S. government employees to act as first responders to international crises and has worked with several agencies to create similar units. However, these efforts are limited due to State's difficulty in achieving planned staffing levels for ARC, a lack of training available to SRC volunteers, other agencies' inability to secure resources for operations unrelated to their core domestic missions, and the possibility that deploying employees to such operations can leave units without sufficient staff. Second, in 2004, State began developing the Civilian Reserve Corps (CRC). CRC would be comprised of U.S. civilians who have skills and experiences useful for stabilization and reconstruction operations, such as police officers, civil engineers, public administrators, and judges that are not readily available within the U.S. government. If deployed, volunteers would become federal workers. S/CRS developed a plan to recruit the first 500 volunteers, and NSC has approved a plan to increase the roster to 2,000 volunteers in 2009. In May 2007, State received the authority to reallocate up to $50 million to support and maintain CRC, but it does not yet have the authority to obligate these funds. In addition, issues related to volunteers' compensation and benefits that could affect CRC recruitment and management would require congressional action. Furthermore, State has not clearly defined the types of missions for which CRC would be deployed. State has estimated the costs to establish and sustain CRC at home, but these costs do not include costs for deploying and sustaining volunteers overseas.
    [Read More…]
  • Secretary Blinken’s Call with Kenyan Cabinet Secretary for Foreign Affairs Omamo
    In Crime Control and Security News
    Office of the [Read More…]
  • Deputy Secretary Sherman’s Meeting with Omani Deputy Foreign Minister Al Harthy
    In Crime Control and Security News
    Office of the [Read More…]
  • Justice Department Settles Sexual Harassment and Retaliation Lawsuit Securing $342,500 for Two Female Firefighters and Changes to the Houston Fire Department’s Training Practices
    In Crime News
    The Justice Department announced today that it has reached a settlement with the City of Houston resolving allegations that personnel at Houston Fire Department (HFD) Station 54 discriminated and retaliated against former firefighter Jane Draycott in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion.   
    [Read More…]
  • [Protest of Navy Solicitation for Base Maintenance Services]
    In U.S GAO News
    A firm protested a Navy solicitation for base maintenance services, contending that the Navy: (1) improperly failed to extend bid opening after amending the solicitation; and (2) failed to equalize competition after the incumbent contractor sold contract-related information to two bidders. GAO held that the: (1) Navy properly refused to extend the closing date, since it achieved adequate competition and there was no evidence that it deliberately attempted to exclude the protester; (2) Navy was not required to compensate for bidders' legal acquisition of incumbent contractor's contract information, since the information's availability was not the result of improper or unfair Navy actions; and (3) incumbent contractor's sale of information was not a prohibited contingent-fee arrangement, since the services did not involve any dealings with government officials. Accordingly, the protest was denied.
    [Read More…]
  • Defendants Charged in Connection with Multi-State Racketeering Conspiracy Involving the Forced Labor of Mexican Agricultural H-2A Workers
    In Crime News
    A federal grand jury in the Middle District of Florida has returned a six-count indictment against three defendants for their alleged roles in a federal racketeering conspiracy that victimized Mexican H-2A workers who, between 2015 and 2017, had worked in the United States harvesting fruits, vegetables and other agricultural products.
    [Read More…]
  • Secretary Antony J. Blinken and Russian Foreign Minister Sergey Lavrov Before Their Meeting
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • U.S. Marshals Operation Results in Recovery of 27 Missing Children in Virginia
    In Crime News
    The Justice Department [Read More…]
  • The Justice Department Announces Statement of Interest Filed in Lawsuit Challenging Philadelphia’s Moratorium that Cancelled the Veterans Day Parade
    In Crime News
    The Justice Department announced that a Statement of Interest (SOI) was filed today in a case pending in the Eastern District of Pennsylvania that challenges the City of Philadelphia’s “Event Moratorium” that prohibits issuing permits for gatherings of 150 or more people on public property.
    [Read More…]
Network News © 2005 Area.Control.Network™ All rights reserved.