The European countries’ Supreme Audit Institutions (SAIs) have raised a number of issues regarding the pricing of the MLU contracts. Rates and Factors Used to Price MLU Contracts

Lockheed Martin and Northrop Grumman proposed and Air Force negotiators used rates and factors to price the two MLU prime contracts that were different from those used to price contemporaneous U.S. government contracts. Also, Air Force negotiators used two incorrect rates in pricing the Northrop Grumman prime contract. These two conditions increased the prime contract prices by a total of $9.4 million. . . that the applicable FPRA rates and factors used in the MLU program are the same as all other programs negotiated between the LFWC  and the U.S. Government.” However, contrary to the Commander’s certification, the Air Force negotiated two other contracts with Lockheed Martin on the same day the MLU contract was negotiated using lower FPRA rates and factors. In responding to a draft of this report, the Air Force agreed a special set of rates and factors was used to price the MLU contract, but it believed the use of those rates and factors was in the best interest of the European participating governments. Northrop Grumman

Northrop Grumman proposed and the Air Force accepted a G&A overhead rate established for pricing foreign military sales contracts rather than a lower domestic rate established for pricing U.S. government contracts. DCAA also reported large amounts of proposed subcontract costs as unresolved because several subcontractor price proposals had not been audited at the time of its preaward audits. Air Force negotiators accepted the proposed and negotiated subcontract prices as fair and reasonable based on the prime contractors’ evaluation and negotiation efforts. There are indications that material is overpriced by as much as $947,000 under the two prime contracts because the prime contractors did not provide government negotiators with accurate, complete, and current data available for the items at the time of the contract price agreement dates. Lockheed Martin concluded Hazeltine’s proposed price was fair and reasonable and awarded the subcontract. Honeywell

Lockheed Martin used the same safeguard techniques in negotiating the Honeywell subcontract that are required to be used in negotiating subcontracts under U.S. government prime contracts. SAIs also selected two subcontracts for review. Both were awarded under the prime contract to Lockheed Martin. To determine whether the rates and factors used to price the two MLU prime contracts were the same as those used to price U.S. government contracts, we reviewed Air Force negotiation records to identify the rates and factors used for the MLU contracts. To determine how Air Force officials used DCAA audit recommendations in negotiating prices for the prime contracts, we reviewed the DCAA preaward audit reports and recommendations. To determine whether subcontract and material costs included in the contract prices were fair and reasonable, we compared the pricing safeguard techniques used by the contractors with those required by the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
Why GAO Did This Study

GAO reviewed the pricing of selected contracts and subcontracts awarded under the F-16 Aircraft Mid-Life Update (MLU) Program, designed to develop, produce, and install upgrades to F-16 fighter aircraft owned by Belgium, Denmark, the Netherlands, and Norway, focusing on: (1) differences between the rates and factors used to price two selected prime contracts and those used to price contemporaneous U.S. contracts; (2) how the Air Force used Defense Contract Audit Agency (DCAA) recommendations in negotiating prime contract prices; and (3) whether the prime contracts' prices for material and subcontract costs were fair and reasonable.

What GAO Found

GAO found that: (1) the prime contractors proposed and Air Force negotiators accepted rates and factors to price the two MLU contracts that were different from those used to price contemporaneous U.S. government contracts; (2) the contract prices for the European participating governments were $9.4 million higher due to the use of different rates and factors; (3) the Defense Plant Representative Office Commander certified that the forward pricing rate agreement (FPRA) rates and factors used to price the Lockheed Martin MLU contract were the same as those used to price all other contracts awarded to Lockheed Martin during the effective period of the agreement; (4) despite this certification, a special set of higher rates and factors was used to price the MLU contract rather than those called for in the FPRA; (5) for the Northrop Grumman contract, Air Force negotiators used a general and administrative overhead rate established for use in pricing foreign military sales rather than a lower domestic rate established for pricing U.S. government contracts; (6) Air Force negotiators also used two incorrect rates in pricing the MLU contract; (7) DCAA conducted preaward audits of the prime contractors' price proposals, questioned various costs, and reported large amounts of unresolved costs because audits had not been made of several subcontractor price proposals; (8) except for the rates and factors used for the Lockheed Martin contract, Air Force negotiators used DCAA's audit results to assist them in negotiating lower prices for the prime contracts; (9) Lockheed Martin and Northrop Grumman employed safeguard techniques required by U.S. procurement regulations to evaluate and negotiate subcontract and material prices for the prime contracts, and Air Force negotiators accepted the proposed and negotiated subcontract prices as fair and reasonable; (10) there are indications that material in the two prime contracts may be overpriced by as much as $947,000; (11) as for the two subcontracts selected by the European countries' Supreme Audit Institutions for review, Lockheed Martin awarded the Hazeltine subcontract competitively and the Honeywell subcontract noncompetitively; (12) in negotiating the price of the Honeywell subcontract, Lockheed Martin used rates and factors recommended by the cognizant U.S. government contract administration activity and employed the required safeguard techniques; and (13) the Air Force accepted the prices of these two subcontracts as fair and reasonable.