Price-Based Acquisition pdf

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RAND monographs present major research findings that address the challenges facing the public and private sectors. All RAND mono- graphs undergo rigorous peer review to ensure high standards for research quality and objectivity. Prepared for the United States Air Force Approved for public release; distribution unlimited Mark A. Lorell, John C. Graser, Cynthia R. Cook The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. R ® is a registered trademark. © Copyright 2005 RAND Corporation All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from RAND. Published 2005 by the RAND Corporation 1776 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138 1200 South Hayes Street, Arlington, VA 22202-5050 201 North Craig Street, Suite 202, Pittsburgh, PA 15213-1516 RAND URL: http://www.rand.org/ To order RAND documents or to obtain additional information, contact Distribution Services: Telephone: (310) 451-7002; Fax: (310) 451-6915; Email: order@rand.org Cover photo by Chad Baker/Getty Images The research described in this report was sponsored by the United States Air Force under Contract F49642-01-C-0003. Further information may be obtained from the Strategic Planning Division, Directorate of Plans, Hq USAF. Library of Congress Cataloging-in-Publication Data Lorell, Mark A., 1947– Price-based acquisition : issues and challenges for Defense Department procurement of weapon systems / Mark A. Lorell, John C. Graser, Cynthia R. Cook. p. cm. “MG-337.” Includes bibliographical references. ISBN 0-8330-3788-9 (pbk.) 1. United States—Armed Forces—Procurement. I. Graser, John C. II. Cook, Cynthia R., 1965– III. Title. UC263.L67 2005 355.6'212'0973—dc22 2005007839 iii Preface This document reports RAND Corporation research findings on the use and potential benefits of price-based acquisition (PBA) for Department of Defense (DoD) procurement of major military- unique systems. PBA is a major acquisition reform measure that seeks to reduce costs and enhance acquisition efficiency. Its core concept is the procurement of goods and services through a commercial-like market pricing approach rather than the traditional, heavily regu- lated, cost-based DoD approach using certified cost or pricing data. The research findings are based on extensive structured inter- views both with government cost estimators, contracting officers, and other senior acquisition officials representing all four major Air Force product centers and other stakeholders, and with numerous private- sector officials representing defense contractors involved in major PBA-like programs. They are also based on a review of more than 30 case studies of programs with important PBA-like features. Because PBA is a broad and often misunderstood concept, a key aspect of this research was development of a systematic taxonomy of the PBA-like approaches used by DoD. This taxonomy served to organize the case study assessment and as an aid in integrating the findings from the structured interviews. This report should be of interest to cost and price analysts, con- tracting officers, acquisition policymakers, and other senior acquisi- tion officials interested in acquisition reform and new approaches to contracting and to providing incentives for contractors so as to achieve the best value in defense procurement. iv Price-Based Acquisition This research was sponsored by Lt Gen John D. W. Corley, Principal Deputy, Office of the Assistant Secretary of the Air Force for Acquisition (SAF/AQ), and conducted within the Resource Man- agement Program of RAND Project AIR FORCE. The technical point of contact was Mr. Jay Jordan, Technical Director, Air Force Cost Analysis Agency (AFCAA). RAND Project AIR FORCE RAND Project AIR FORCE (PAF), a division of the RAND Corpo- ration, is the U.S. Air Force’s federally funded research and develop- ment center for studies and analyses. PAF provides the Air Force with independent analyses of policy alternatives affecting the development, employment, combat readiness, and support of current and future aerospace forces. Research is performed in four programs: Aerospace Force Development; Manpower, Personnel, and Training; Resource Management; and Strategy and Doctrine. Additional information about PAF is available on the RAND Corporation Web site at http://www.rand.org/paf. v Contents Preface iii Tables ix Summary xi Abbreviations xxi CHAPTER ONE Introduction 1 Overview 1 Background: PBA’s Growing Importance for the Air Force 3 PBA Benefits 10 Reduced Cost 11 Shorter Schedules/Higher Quality 13 PBA Challenges 14 Commercial Versus Defense Markets 15 Contractor “Buy-Ins” and “Price Gouging” 16 Statutory and Cultural Impediments 17 Research Approach and Case Studies 18 Characterizing and Categorizing PBA-Like Cases 18 Three PBA Categories 20 DoD and Industry Organizations Interviewed 22 Selected Case Studies and Research Questions 23 Key Questions Asked 26 Report Organization 27 vi Price-Based Acquisition CHAPTER TWO Overview of DoD Contracting Process and Comparison of CBA and PBA 29 DoD and Contractor Actions in Contract Awards for Major Weapon Systems 30 Scenario 1: Actions Leading to Award of CBA PRE-SDD or SDD Contract 32 Scenario 2: Actions Leading to Award of Sole-Source LRIP or FRP CBA Contract 42 Potential Savings from Using PBA in Contracting Scenarios 46 Conduct Market Research 47 Prepare Proposal 47 Receive and Evaluate Proposals 51 Obtain DCAA and DCMA Reports (DoD), Conduct Post-Award Audits (DCAA), and Support Post-Award Audit Activities (Contractor) 51 Conduct Fact-Finding Activities 52 Prepare Final Proposal and Supply Certified Cost or Pricing Data 52 Conduct/Participate in Discussions and Evaluate Final Proposals 52 Prepare and Submit CCDRs by Production Lot 52 Summary of Theoretical Cost Savings from Using PBA in Contracting Process 53 CHAPTER THREE DoD and Contractor Views on PBA Effects on Contract Management and on Overhead Costs, Schedule, and Workload 55 Question 1: Have Savings Due to PBA Been Documented? 56 Question 2: Have Contractor Overhead Rates/Charges Been Reduced? 60 Question 3: Has the DoD Acquisition Process Been Shortened? 70 Question 4: Has the DoD Acquisition Workload Been Reduced? 78 Concluding Observations 83 CHAPTER FOUR A Taxonomy and Review of PBA Case Studies 85 Taxonomy of Programs 86 Historical Cost Data (FAR Part 15 Waiver) 89 Contents vii History of Certified Cost Data 89 Production Add-Ons 92 Extensive Uncertified Cost Data 95 Competition (FAR Part 15) 100 Dual-Sourced Production 101 Competition Between Substitutes with a History of Cost Data 103 Substitutes Competing Internationally 105 EMD Competition Leading to FFP and Long-Term PPCC 107 Commercial Determination (FAR Part 12) 114 Commercial Items Developed for the Civilian Commercial Market 115 Military Item Designated Commercial 117 Military-Unique Item, Contractor Funded R&D, Offered Commercially 120 Concluding Observations 125 CHAPTER FIVE Other PBA Implementation Benefits and Challenges 127 Contractor Incentives 128 Enhanced Competition 131 Increased Civil-Military Integration 132 Alternative Approaches to Cost and Pricing Data Submissions 135 TINA Legislation and New Restrictions on TINA Waivers 139 FAR Part 12 Commercial Determination 142 Honoring of Long-Term Contracts by DoD 144 Pricing of Multiple Follow-On Production Lots 146 Pricing of Quantity Changes 147 Pricing of Major Program Modifications 148 Pricing of Integrated Work Content 149 Flexibility and Authority Needed by COs and Other Acquisition Managers 150 PBA’s Overall Impact on Cost Estimating and Pricing Communities 151 CHAPTER SIX Summary of Findings and Concluding Observations 155 Key Research Questions 155 viii Price-Based Acquisition Program Characteristics Supporting Use of PBA on Sole-Source Military-Unique Programs 159 Commercial Item Determinations 160 Alternative CBA Applications 160 The Bottom Line 161 APPENDIX Government and Industry Questionnaire on Price-Based Acquisition 163 References 171 [...]... DoD acquisition leadership continued to strongly support the broader DoD-wide application of PBA This position was buttressed by the findings of the Defense Science Board Task Force on Acquisition Reform, which concluded in the summer of 1999 that the “most compelling (acquisition reform) initiative currently underway is Price-Based Acquisition 13 (Office of the Under Secretary of Defense for Acquisition, ... Defense for Acquisition, Technology, and Logistics, 1999b, p 7) Currently, PBA is a major acquisition reform tool, one that many senior Department of Defense (DoD) officials have advocated as a means of improving cost, schedule, and performance outcomes DoD has considered the use of PBA in major defense acquisition programs (MDAPs) for several years Interest in reforming the xi xii Price-Based Acquisition. .. Acquisition Study Group, is referred to from here on as the “PBA Study Group Report.” 1 2 Price-Based Acquisition The research was carried out • to clarify the definition of PBA in terms of how it has been understood by the acquisition community and applied in the recent past to major defense-unique weapon system acquisition programs • to survey claimed benefits and challenges of PBA • to identify, categorize,... to these trends by passing the Federal Acquisition Streamlining Act of 1994 (FASA) and the Federal Acquisition Reform Act of 1996 (FARA), both of which were aimed at simplifying acquisition procedures and increasing DoD access to civilian commercial technologies and firms DoD and the services undertook numerous other initiatives to promote various aspects of acquisition reform during this period.10... which consolidates all Federal Acquisition Circulars (FACs) through 97–27 12 This topic is discussed at greater length in Chapter Five 8 Price-Based Acquisition significant structural differences (discussed in more detail below) between the commercial and defense-unique marketplaces In accordance with the Secretary’s instructions, the Under Secretary of Defense for Acquisition, Technology and Logistics... appear to impose little burden on the con- xviii Price-Based Acquisition tractor and may lead to many of the claimed benefits of PBA (see pp 135–138) 2 PBA can be a useful addition to the acquisition manager’s toolbox with respect to large, sole-source, military-unique programs, but it should be used selectively and judiciously Contracting officers and other acquisition managers must have the flexibility... Attack Radar System Low Altitude Navigation and Targeting Infrared for Night (System) low-rate initial production long-term pricing agreement millions major defense acquisition program Multiple Launch Rocket System xxiii xxiv Price-Based Acquisition MYP NCCA NDI OEM ORD OSD P&W PBA PDM PNM PPCC P3I R&D RF RFP SAF SBIRS SDD SLAM-ER SMC SPO TDP TDS TINA TSPR UCA UCAV USD(AT&L) multi-year procurement Navy... vehicle Under Secretary of Defense for Acquisition, Technology, and Logistics Abbreviations VIQ WBS WCMD WGS variation in quantity work breakdown structure wind-corrected munitions dispenser wideband gapfiller system xxv CHAPTER ONE Introduction Overview This report presents the findings of a research project whose objective was to examine the use of price-based acquisition (PBA) approaches for the development... the Under Secretary of Defense for Acquisition, Technology, and Logistics, 1999b,2 p 7) 1 The use of PBA for DoD procurement of common civilian commercial items and/or commodity items from numerous commercial suppliers in the market place is widely accepted and is not of direct interest to this study 2 This report, formally titled Report of the Price-Based Acquisition Study Group, is referred... effects of companion measures or other aspects of programs that are totally unrelated to PBA DoD provides no direction for tracking cost or schedule savings from PBA or, indeed, any other acquisition reform xvi Price-Based Acquisition • • • • measure, in a systematic and a methodologically convincing way Consequently, such data are not collected by either DoD or by contractors (see pp 56–60) While most . price-based acquisition (PBA) for Department of Defense (DoD) procurement of major military- unique systems. PBA is a major acquisition reform measure that seeks to reduce costs and enhance acquisition. considered the use of PBA in major defense acquisition programs (MDAPs) for several years. Interest in reforming the xii Price-Based Acquisition defense acquisition system to make it more cost-effective. 161 APPENDIX Government and Industry Questionnaire on Price-Based Acquisition 163 References 171 ix Tables 1.1. Government Experts Interviewed: Acquisition Policy and Reform, Contract Policy, and