Recommendation: The Secretary of Defense should ensure that the KC-46 program office disseminates insights we identified in this report about the KC-46's contracting and sustainment planning experiences for consideration by acquisition programs, in particular those considering a fixed-price-type development contract or a commercial derivative aircraft.

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and, as of the summer 2020, has drafted a report that is with the Secretary of the Air Force for review prior to issuance.

Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics should identify the specific types of information that would best meet the department's needs and, based on that determination, collect and analyze relevant data after contract performance is sufficiently complete to determine the extent to which contracts with incentives achieved their desired outcomes.

Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
Status: Open

Comments: DOD concurred with our recommendation and has taken steps to address it. For example, in April 2018, the department developed a template for the military departments to use to identify specific types of information to collect. Since then, each of the military departments has initiated or planned to initiate efforts to collect and analyze information about outcomes of incentive contracts. In addition, in July 2020 DOD provided examples of selected DOD, Army, and Navy incentive contracts documented in the template previously noted. The department did not provide additional information about the Air Force's efforts, or about how DOD is analyzing the information to determine whether incentives can achieve desired outcomes. GAO has ongoing work to review DOD's use of fixed-price type contracts--including fixed-price incentive contracts--for major DOD systems, which may provide additional insights related to this recommendation.

Recommendation: To help ensure the Navy thoroughly considers the relative benefits of using FPI contracts for shipbuilding versus other contract types, the Secretary of Defense should direct the Secretary of the Navy to conduct a portfolio-wide assessment of the Navy's use of additional incentives on FPI contracts across its shipbuilding programs. This assessment should include a mechanism to share proven incentive strategies for achieving intended cost, schedule, and quality outcomes among contracting and program office officials.

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: In providing comments on this report, the agency concurred with this recommendation. As of July 2020, the Navy had commissioned a study of its use of additional incentives on fixed-price incentive contracts across its shipbuilding programs. The Navy plans to socialize this report with the shipbuilding program executive offices so that they can share lessons learned across the shipbuilding enterprise. The estimated completion date for this effort is the fourth quarter of fiscal year 2020. Following completion of that effort, in the first quarter of fiscal year 2021, the Navy plans to provide recommendations regarding the use of additional incentives on fixed-price incentive contracts across its shipbuilding programs.

Recommendation: To improve the use of warranties and guarantees in Navy shipbuilding, the Secretary of the Defense should direct the Secretary of the Navy, for future ship construction contracts, to determine whether or not a warranty as provided in the FAR, provides value and document the costs, benefits, and other factors used to make this decision. To inform this determination, the Navy should begin differentiating the government's and shipbuilder's responsibility for defects and track the costs to correct all defects after ship delivery.

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD partially concurred with this recommendation in February 2016 by committing to study policy changes with regard to warranties, but disagreed that additional cost data were needed to inform these decisions, and questioned whether warranties are suitable for ship acquisitions. In February 2017, a Navy-funded study found that the Navy had no policy to collect data, and that the little data available were not useful for determining when warranties are suitable. In response to the study, the Navy agreed that, by December 2017, it would make some policy and contractual changes to collect data, but it continued to maintain that warranties are likely not suitable for ship contracts. In January 2018, the Navy issued guidance to help contracting officers determine when and how to use a warranty or guarantee, but the Navy has collected only one warranty cost proposal from one shipbuilder for a contract for a single ship and, going forward, Navy officials stated that they do not have plans to systematically collect such data. In August 2019, we recommended in GAO-19-512 that the Navy collect warranty pricing on its new class of frigates, as the Navy initially did not include warranty pricing as part of its request for proposals for the ship class. However, as of August 2020, the Navy has not made meaningful efforts to gain pricing data for warranties and has stated that the department does not plan to take any further action. To fully implement this recommendation, the Navy needs to collect additional data in order to determine cases in which warranties could contribute to improvements in the cost and quality of Navy ships.