[Senate Hearing 113-323] [From the U.S. Government Publishing Office] S. Hrg. 113-323 MANAGEMENT OF AIR TRAFFIC CONTROLLER TRAINING CONTRACTS ======================================================================= HEARING before the SUBCOMMITTEE ON FINANCIAL AND CONTRACTING OVERSIGHT of the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION __________ JANUARY 14, 2014 __________ Available via http://www.fdsys.gov Printed for the use of the Committee on Homeland Security and Governmental Affairs ---------- U.S. GOVERNMENT PRINTING OFFICE 88-271 PDF WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS THOMAS R. CARPER, Delaware Chairman CARL LEVIN, Michigan TOM COBURN, Oklahoma MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio JON TESTER, Montana RAND PAUL, Kentucky MARK BEGICH, Alaska MICHAEL B. ENZI, Wyoming TAMMY BALDWIN, Wisconsin KELLY AYOTTE, New Hampshire HEIDI HEITKAMP, North Dakota Richard J. Kessler, Staff Director Keith B. Ashdown, Minority Staff Director Laura W. Kilbride, Chief Clerk Lauren M. Corcoran, Hearing Clerk SUBCOMMITTEE ON FINANCIAL AND CONTRACTING OVERSIGHT CLAIRE MCCASKILL, Chairman CARL LEVIN, Michigan RON JOHNSON, Wisconsin MARK L. PRYOR, Arkansas JOHN MCCAIN, Arizona MARY L. LANDRIEU, Louisiana MICHAEL B. ENZI, Wyoming MARK BEGICH, Alaska KELLY AYOTTE, New Hampshire TAMMY BALDWIN, Wisconsin Margaret Daum, Staff Director Rachel Weaver, Minority Staff Director Kelsey Stroud, Chief Clerk C O N T E N T S ------ Opening statement: Page Senator McCaskill............................................ 1 Senator Johnson.............................................. 3 WITNESSES Tuesday, January 14, 2014 Mary Kay Langan-Feirson, Assistant Inspector General, Acquisition and Procurement Audits, Office of Inspector General, U.S. Department of Transporation.................................... 4 Patricia McNall, Deputy Assistant Administrator, Acquisitions and Business Services, Federal Aviation Administration, U.S. Department of Transportation................................... 6 Lynn Dugle, President, Intelligence, Information, and Services, Raytheon Company............................................... 7 Alphabetical List of Witnesses Dugle, Lynn: Testimony.................................................... 7 Prepared statement........................................... 49 Langan-Feirson, Mary Kay: Testimony.................................................... 4 Prepared statement........................................... 31 McNall, Patricia: Testimony.................................................... 6 Prepared statement........................................... 41 APPENDIX Responses to post-hearing questions for the Record: Ms. McNall................................................... 55 Ms. Dugle.................................................... 69 MANAGEMENT OF AIR TRAFFIC CONTROLLER TRAINING CONTRACTS ---------- TUESDAY, JANUARY 14, 2014 U.S. Senate, Subcommittee on Financial and Contracting Oversight of the Committee on Homeland Security and Governmental Affairs, Washington, DC. The Subcommittee met, pursuant to notice, at 2:34 p.m., in room SD-342, Dirksen Senate Office Building, Hon. Claire McCaskill, Chairman of the Subcommittee, presiding. Present: Senators McCaskill and Johnson OPENING STATEMENT OF SENATOR MCCASKILL Senator McCaskill. Good afternoon. I apologize for being a few minutes late. We just finished our weekly caucus, and as usual, it was rainbows and unicorns. Just kidding. It was contentious and difficult today, so we went over a little bit. This hearing will now come to order. We are here today to review the Federal Aviation Administration's (FAA) management of the Air Traffic Control Optimum Training Solution (ATCOTS). ATCOTS is an important contract because it supports the training of this Nation's air traffic controllers, who, in turn, manage the Nation's air traffic, a critical service. In the next few years, we expect to see more and more retirements from the generation of air traffic controllers that were hired after the 1981 strike. At the time this contract was awarded in 2008, the FAA had a goal to hire and train 17,000 controllers by 2015 in order to meet the expected demand. The FAA also wanted to improve training to meet the needs of the new NextGen air traffic control system. In order to achieve this goal, the FAA awarded a contract to Raytheon to provide training to facilities across the Unied States in 2008. In 2010, 2 years into the contract, the Department of Transportation Office of Inspector General (DOT OIG) audited this contract and found significant problems. The contract was premised on certain parameters, that there were going to be 4,000 recruits to train and 159 sites to support. But within just a few months, those numbers had increased dramatically, to 5,620 recruits at 195 sites. The cost of the contract had skyrocketed, and FAA was in danger of running out of money under the contract. The Inspector General (IG) had several recommendations for the FAA. The most important one was that FAA needed to figure out what training it needed and how much it was going to cost. Unfortunately, FAA failed to take the IG's recommendation to heart. Instead, FAA let the contract continue unchanged, racking up at least $89 million in additional costs to the taxpayer. Finally, as warned by the Inspector General, FAA ran out of money a year early. Again, FAA had the opportunity to follow the IG's common sense recommendation to figure out what training it needed. Instead, FAA decided the best course of action was to exercise the contract's option period early. I wrote to the then-Acting Administrator Huerta in 2012, asking FAA to consider its plan carefully and to implement the Inspector General's recommendations by updating cost estimates, defining training requirements, and developing performance measures for the contractor as opposed to the inappropriate notion that the contractor provided their own performance measures, all basic elements of good contracting. But, FAA did not do this. In 2013, the Inspector General released a second report about the ATCOTS contract. The Inspector General found that while there has been some improvement, FAA still has not figured out its training needs. In addition, it appears that FAA has managed to bring the costs of the contract under control only by cutting the amount of training provided by the contractor and instead relying on Certified Professional Controllers to fill the gaps. FAA has been unable to tell the Inspector General or this Subcommittee how much using these highly paid government employees had added to the costs of training new air traffic controllers. In addition, more than 5 years and $512 million later, the FAA has not achieved any of the three critical goals of the original ATCOTS contract: Reduce training costs, reduce training times, and bringing training innovations. Today's hearing is about learning from the past mistakes, fixing problems, and moving forward. I want to spend some time having a discussion with the Office of Inspector General, the FAA, and Raytheon in order to understand how these problems came about and why they have not been addressed earlier. I want to learn what both the FAA and Raytheon are doing right now to get this contract back on track and what is being done to try and achieve some of the initial goals of the contract. I also want to understand what the FAA is doing to better manage and oversee its contracts. This is especially important because I understand that the FAA may start the acquisition process on a new training contract later this year. I want this Subcommittee to be satisfied that FAA has learned its lesson and will not make these mistakes again. I want to know that the FAA is taking concrete steps to address deficiencies, is committing to making smart contracting decisions, and will ensure that its own acquisition policies are actually followed. I do not want to be here in a year's time having the exact same hearing again. Congress and the American public have entrusted the FAA with taxpayer dollars and trust them to maintain the safety of our airspace. Just this weekend in my State, a plane mistakenly landed on the wrong airport in Missouri, coming dangerously close to the end of a runway that was too short for the aircraft in question. While there is no evidence of a connection of what we are exploring here today and what happened in Missouri, it is hard to understand how the air traffic controllers allowed a Southwest Airline--and we are not talking about a small general aviation aircraft, we are talking about a domestic carrier of American citizens--how they allowed them to land at the wrong airstrip, at the wrong airport, on the wrong runway. It is a timely reminder of the need to ensure that the resources we spend on air traffic safety are spent effectively, and that if we do not have enough in the contract to adequately train our controllers, that we confront that rather than continuing to renew contracts that have not been working or have not had the oversight that common sense dictates. I thank the witnesses for being here and I look forward to their testimony. Senator Johnson. OPENING STATEMENT OF SENATOR JOHNSON Senator Johnson. Thank you, Madam Chairman. You are correct. This is a very timely hearing. I appreciate you calling it. I did read the Inspector General's report. It raised probably more questions than it answered, so I will certainly second your opening comment in terms of all the questions that you would like to have answered during the hearing. One of the things I certainly did in reviewing this and getting ready for this hearing is just take a look at the reasonableness of the cost per training. Since 2009, the average cost--this is per the Raytheon contract--was about a little under $20,000 per air traffic control trainee. It rose to as high as $29,000, and in 2013 was about $26,000. That is relatively high training costs. You can compare that to college education. So, based on that information, I do not know if that is appropriate or inappropriate in terms of the total expense. I want to understand exactly how the training occurs, who is doing it, how much is done by the FAA, how much is done by Raytheon, what the breakdown is, how intensive this training is. So, I just really want to understand the complete training process. I am certainly looking forward to the testimony. I am hoping that is the kind of information I certainly get out of this hearing. But, again, I certainly thank the witnesses for coming here and being willing to testify and look forward to your testimony. Thank you, Madam Chairman. Senator McCaskill. Let me introduce the witnesses today. First, we have Mary Kay Langan-Feirson, who is the Assistant Inspector General for Acquisition and Procurement Audits at the U.S. Department of Transportation, Office of Inspector General. In this capacity, she oversees audits relating to the Department of Transportation acquisition and procurements, including direct contracts and contracts awarded by grantees. Prior to joining the Office of Inspector General, Ms. Langan-Feirson worked in the Department of Transportation's Office of General Counsel for 30 years. Patricia McNall is the Chief Acquisition Officer and Deputy Assistant Administrator for Finance and Management at the Federal Aviation Administration, and I will say with a sense of a humor, obviously the person who got the short straw at the FAA. I will say on the record, I am disappointed--not that I am not thrilled to have you, Ms. McNall, but I think the person who should be sitting there should be the person who has oversight of this program. They declined to attend this and sent you, and that--I will give you a chance to address that when you testify, but I do not think you are in a position to know as much about this as we need to know and it is disappointing, but I will tell you candidly in this particular area, I was not shocked when I heard that you were being sent in terms of getting the short straw. In your outstanding 30-year FAA Career, you have served in various positions, including Acting Deputy Assistant Administrator for Policy, Planning, and International Aviation, and Deputy Assistant Chief Counsel for FAA's Technical Center. Prior to assuming your current position, you were the FAA's Assistant Chief Counsel for Acquisition and Commercial Law. Lynn Dugle is a Vice President at Raytheon Company, and President of Raytheon Intelligence, Information, and Services, a position she has held since 2009. Before joining Raytheon in 2004, Ms. Dugle held officer-level positions with ADC Telecommunications and began her career at Texas Instruments. I thank all three of you for being here. It is the custom of this Subcommittee to swear in all witnesses that appear before us, so if you do not mind, I would ask you to stand and take the following oath. Do you swear that the testimony that you are about to give before this Subcommittee will be the truth, the whole truth, and nothing but the truth, so help you, God? Ms. Langan-Feirson. I do. Ms. McNall. I do. Ms. Dugle. I do. Senator McCaskill. Thank you all very much. We will be using a timing system today. We are not sticklers about that, but we will ask you to try to keep your testimony to 5 minutes. Obviously, you are welcome to supplant your oral testimony today with any other information you would like to have us put in the record concerning our hearing topic. And we will begin with you, Ms. Langan-Feirson. TESTIMONY OF MARY KAY LANGAN-FEIRSON,\1\ ASSISTANT INSPECTOR GENERAL, ACQUISITION AND PROCUREMENT AUDITS, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF TRANSPORTATION Ms. Langan-Feirson. Chairman McCaskill, Ranking Member Johnson, thank you for inviting me here today to testify on FAA's Air Traffic Control Optimum Training Solution contract. The $859 million contract was intended to provide up to 10 years of support to train approximately 17,000 air traffic controllers, most of whom FAA planned to hire over the next decade. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Langan-Feirson appears in the Appendix on page 31. --------------------------------------------------------------------------- In September 2010, we reported several contract weaknesses that challenged FAA's efforts to effectively manage the ATCOTS program. FAA has made progress in addressing many of the weaknesses we identified. However, more than 3 years after that report, FAA has yet to address our most important recommendation, which is to clearly define controller training requirements and determine whether they can be achieved within the existing cost baseline of $859 million. Specifically, we recommended that FAA update its training requirements and develop criteria for determining whether the agency should exercise contract options beyond the 5-year base contract. Despite our recommendation, the ATCOTS program experienced four consecutive years of cost overruns, totaling about $89 million, due largely to FAA's lack of clearly defined requirements. In the first 2 years alone, contract costs exceeded negotiated values by $46 million, and the contractor was required to provide far more training than FAA originally estimated. As a result, FAA ran out of money in the fourth year of the base contract and was not prepared to make an informed decision on how to best meet its controller training program needs. Ultimately, FAA chose to exercise the contract's first option period a year earlier than planned without first clearly defining its training requirements or determining whether to exercise the option or take a different acquisition approach. In our most recent report, released last month, we know that FAA has taken some steps to better assess its training needs. For example, FAA reestablished its use of an annual workplan to better identify training requirements. However, the plan still does not capture all of FAA's training needs, including training on new air traffic controller systems, such as the En Route Automation Modernization (ERAM). If FAA does not clarify and update its training requirements, the ATCOTS program remains at risk of cost overruns in the future. During our recent audit of ATCOTS, we also identified contract management weaknesses that undermine FAA's ability to achieve its training goals. For example, FAA has not used its award fees or incentive fees to manage the contract effectively. One of the FAA's key training goals is to reduce training times, but the award fee performance measures have not been adequately linked to this goal, an issue we first reported in 2010. Between fiscal years 2009 and 2012, controller training times actually increased by an average of 41 percent, taking 9 months longer, on average, to certify each controller. Over the life of the contract, FAA paid the contractor over $17 million in award fees for performance measures that did not effectively motivate the contractor. FAA also paid $14 million in incentive fees despite 4 years of cost overruns. This is counterintuitive to the concept in use of award fees. In its response to our 2013 report, FAA announced that its goal is to award a new contract to replace ATCOTS as early as fall of 2014. To avoid repeating the problems with ATCOTS, it is crucial that FAA address our recommendation to clearly define its training requirements and decide whether it needs to rebaseline before awarding a new contract. We will continue to monitor FAA's progress in implementing our recommendations and provide this Committee, the Secretary, and FAA with future updates on the program. This concludes my prepared remarks. I would be happy to answer any questions you may have. Senator McCaskill. Thank you very much. Ms. McNall. TESTIMONY OF PATRICIA MCNALL,\1\ DEPUTY ASSISTANT ADMINISTRATOR, ACQUISITIONS AND BUSINESS SERVICES, FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION Ms. McNall. Good afternoon, Chairman McCaskill and Ranking Member Johnson. I am Pat McNall, the FAA's Acquisition Executive, and I am responsible for the agency's acquisitions. I appreciate this opportunity to speak with you today about the FAA's Air Traffic Controller Training Contract. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. McNall appears in the Appendix on page 41. --------------------------------------------------------------------------- The FAA's mission is to ensure the safest, most efficient airspace system in the world, but we are also committed to cost effectiveness. The taxpayer expects and deserves nothing less. In 2005, the FAA projected the need to hire 17,000 controllers by 2015. This unprecedented level of hiring and training was necessary to replace the large number of expected retiring controllers and meet projected increases in air travel demand. To manage this large training effort, the FAA proposed replacing two existing level of effort contracts with a single centrally managed performance-based contract. Simply put, this means we were removing and transitioning from existing contracts where we specified the number of instructors and the method of providing the training to a new contract that would specify the number controllers to be trained, plus or minus 10 percent, allow the contractor to determine the best means of training these controllers, while we measure its effectiveness and ability to do so according to pre-set metrics. In September 2008, after running a full and open competition, the FAA awarded the contracted titled the Air Traffic Control Optimum Training Solution contract, to Raytheon Technical Services Corporation with a ceiling value of $859 million. In the early years of the contract, however, we encountered significant challenges and costs. We underestimated the difficulty in transitioning from level of effort contracts in place for over 20 years to the new performance-based ATCOTS contract. We reverted to the methods we knew had been working in the past. Our training needs, both in the number of students and the technology for which we needed to provide the training, accelerated faster than we anticipated. We incurred a substantial cost, accordingly. We have taken significant steps to improve our management of the ATCOTS contract. I would like to highlight a few of these steps. The FAA provided increased management attention and requirements control by consolidating all training under the FAA's Air Traffic Organization Vice President for Safety and Technical Training. Additionally, we imposed an award fee structure that motivates the contractor to control costs. We implemented a new training planning tool to better define and control our dynamic training needs. We developed guidelines to monitor required performance standards and expected outcomes for the contractor, and we hold our oversight staff accountable for overseeing these standards. These changes are improving our oversight, management, and administration of the ATCOTS contract. We appreciate the Office of Inspector General's audit of the contract. We are confident that the measures we have taken, which fall in line with their recommendations, will allow us to stay on track for the remainder of this contract. The FAA recently issued a market survey and request for information as the first step to a possible replacement of the ATCOTS contract. If we proceed with this procurement, we will replace the contract before the end of this calendar year. Whether we replace it or not, I am confident that we will continue to provide quality air traffic control training. The training of air traffic controllers will continue to be a critical need for the agency. We estimate that we will need to hire 11,700 controllers by the year 2022. In order to maintain safety and handle the high volume of air traffic, we need to maintain a steady hiring and training rate through this time. Our ability to do that, however, has been challenged by decreased funding, including the sequestration. All training courses at the FAA Academy were canceled since sequestration was implemented and have only resumed this month. The FAA was also unable to hire any new air traffic controllers and will have to now accelerate hiring, budget permitting, to ensure that we have a sufficient number of controllers. This increased rate of hiring will bring with it increased training requirements beyond what we predicted for this coming year. Whenever we face uncertainty about hiring and funding, we face uncertainty about our training requirements. This makes it very difficult to predict, cost, and plan for the best and most effective cost effective contract we can have, but we remain committed to ensuring the safety of the National Airspace System and will not ever compromise safety, even in these uncertain times. Ms. Chairman, this concludes my statement and I would be happy to take questions at this time. Senator McCaskill. Thank you very much. Ms. Dugle. TESTIMONY OF LYNN DUGLE,\1\ PRESIDENT, INTELLIGENCE, INFORMATION, AND SERVICES, RAYTHEON COMPANY Ms. Dugle. Good afternoon, Chairman McCaskill and Ranking Member Johnson. I am Lynn Dugle, President of the Intelligence, Information and Services business of the Raytheon Company, the business which is the prime contractor for the ATCOTS program. Thank you for the opportunity to address the Subcommittee on Raytheon's management of the program, our ongoing efforts to reduce cost, and the new training innovations we can bring to the program. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Dugle appears in the Appendix on page 49. --------------------------------------------------------------------------- Before I do so, let me provide some relevant context on Raytheon and our training. We are one of the world's leading providers of mission critical training solutions. We train more than two million people a year whose missions include national defense, U.S. intelligence operations, cybersecurity, and, of course, national airspace management. In addition, our training solutions extend to critical needs in the commercial sector. Raytheon is also one of the world's largest providers of air traffic management systems. Our systems control more than two-thirds of the world's airspace and our company is an active participant in the FAA's Next Generation program. By way of starting, let me say that Raytheon agrees with the general conclusion of the IG report that progress has been made, yet much more work remains. Raytheon and the FAA have built a partnership that has addressed the agency's very dynamic training needs for more than 5 years. During the last year, we have accelerated those improvements, and now, we have a solid foundation to get future gains. Let me now share my thoughts on the three topics that the Committee requested Raytheon to cover, management of the contract, cost reductions, and new training innovations or transformation. The management of this contract was challenged from the start by those unexpected increases in cost and scope that were identified after the contract began. This included a hiring surge that resulted in a 40 percent increase in year one. There were also new training requirements for 700 of these new trainees. There were new air traffic control system modernization requirements, the ERAM that you mentioned, and new tower simulation needs. Nevertheless, Raytheon responded to those challenges by training 20 percent more individuals over the 4-year period. We lowered the cost per student on Raytheon-delivered training by 6 percent, lowered the cost--decreased the controller failure rate by 12 percent. We shortened class durations at the Academy by 10 percent. And we achieved a 23 percent increase in the utilization of the complex and expensive tower simulators. On the topic of cost reduction, Raytheon and the FAA are working together to maximize the training that can be delivered, can be accomplished, within the budget given. Let me cover some of the changes we have already made. For the first time, FAA's field managers, onsite managers, are involved in deciding local training priorities, which will lead to more effective and more efficient training across the system. Their involvement was enabled by a new planning and execution tool developed by Raytheon at our own expense to assist with that planning. In partnership with the FAA, we have also implemented new workforce practices and scheduling efficiencies at the Academy that will reduce the fiscal year (FY) 2014 costs by an additional 5 percent. We have also reduced our Program Management Office by 20 percent, after working with the FAA to streamline contractual reporting requirements. This reduction will result in $2 million of annual savings. Let us shift to the topic of new training innovations. I, again, agree with the IG report that significant opportunities exist to further modernize training and reduce our cost. With support and approval from the FAA, we can implement innovations that will allow us to deliver high-quality training at a much lower cost. Raytheon has provided numerous proposals and white papers outlining potential areas for important innovations. The biggest opportunity now before us is the implementation of the ATCOTS Curriculum Architecture Project. This project created a blueprint for the systematic modernization and transformation of air traffic controller training by identifying the best training mechanisms, methodologies, and then how to best sequence the training to avoid any duplication. We have also presented and shared other opportunities with the FAA, such as Virtual Classroom Training and the implementation of remote training for the Air Traffic Basics Course, both of which I discussed in more detail in my written testimony. I would like to conclude by emphasizing that significant progress has been made over the past year in a very complex, challenging, and critically important program. Raytheon and the FAA have established a solid foundation for future performance gains and future cost reductions. I believe Raytheon has the program knowledge, the transformational training capabilities, and the larger air traffic management domain experience to continue to collectively support the FAA and meet the training needs of our air traffic control professionals. Thank you very much for the opportunity. I look forward to answering any questions you may have. Senator McCaskill. Thank you, and once again, I appreciate all of you being here. I would ask each of you before we begin questioning, if you would, to try to assign a grade to the management and oversight of the ATCOTS contract. Ms. Langan-Feirson, what grade would you give it? Ms. Langan-Feirson. An incomplete. Senator McCaskill. Ms. McNall. That was kind. Ms. McNall. Ms. McNall. I am inclined to agree. Actually, I would also point out, I think the grade has changed over time, all right, so I would say we started off with a C, at best, and then it progressed to a B. Senator McCaskill. OK. And Ms. Dugle. Ms. Dugle. I think on the management of the program and meeting our budget constraints, none of us would be pleased with our grade. I think on the quality of the training delivered, I would give us a much higher grade. I also would warmly embrace the idea that we have improved through time, improving more and more as each year has progressed. Senator McCaskill. I know that the FAA has implemented some of the recommendations from the initial audit, though. I think the thing that is hardest for me is, as was mentioned in Ms. Langan-Feirson's testimony, it did not implement the most critical recommendation, which is to assess your training needs and figure out what you want. That is the most important thing in contracting in government, is to know what you want. You cannot get a bargain if you do not know what you want. You cannot, frankly, adequately oversee a contract unless you know what it is you are actually acquiring, what you want, and how much it is going to cost. And it is still unresolved. Can you address that, Ms. McNall? Why is this so hard to figure out what you want and what it is going to cost? Ms. McNall. Yes, ma'am. Actually, let me explain a little bit about the training process. It is a very dynamic situation. The piece that is actually in many ways the easiest, and if I do a new contract it is easy enough that I am even thinking maybe we can fix price to work, is when we hire controllers, we bring them to the Academy and they provide a very basic FAA air traffic controller training, all right. That is the first step of the training process. That, at least I know I am hiring X- number of people. They are going to come into a class and the class is going to be conducted roughly like this, absent any training innovations. From there, they go to an air traffic control facility, all right, and they are going to get some additional training at that facility. This is where it becomes a very dynamic situation. Although we know we have a bow wave of retirements coming, because we have a mandatory age cap by which controllers must retire, and as you know, we had to hire a great number of controllers all at one particular point in time, which means they are more or less going to be retiring at the same time--because of that, we know we need to hire a lot. We know we have to train a lot. But I do not know ahead of time which specific controller is going to retire at which specific facility and what position that controller is on. For the FAA air traffic controller training, it has to be, when you get to the facility level, unique not only to that facility, but unique to that particular position that the controller is on. We predict as best we can, and we have developed a training tool with Raytheon that we have implemented with our field that now involves a rolling process that we know with a fairly good place, at least 30 days ahead, 60 days ahead, and 90 days ahead, what we think that training will be that we can then pinpoint and identify. Once the controller candidate, so to speak, graduates and changes that applies not only to new trainees, that applies to existing controllers who may need to be trained. If they are going to change positions, they need to be trained for the new position to which they are going to move. If they are going to change facilities, they need training for that new facility as well as the new position on which they are going to be. At that point, the FAA takes over the training and we use our professional air traffic controllers to provide on-the-job training. On-the-job training accounts for about 75 percent of the total amount of training that our controllers go through. In fact, that is the majority of the cost of our training program. Senator McCaskill. And how much is that training costing you? Ms. McNall. We provided some figures for the Committee and I can look it up again, but total cost is around $250,000 per controller, approximately. That is total cost of both our contractor training and our own employee training. Senator McCaskill. So, 75 percent of that is your employees? Ms. McNall. Or more, yes. Senator McCaskill. OK. So, you are saying that 75 percent of $250,000 is being done by your folks. Ms. McNall. In fact, I can provide that for the record, if you like. I do have some figures with me I can go through with you, if you like, on what our labor costs are for our employees to train you. Senator McCaskill. OK. I will come back to this on the second round because I need to talk to my staff, because we discussed this and this is the first I have heard this number and I want to go through it with them while Mr. Johnson is questioning you. Ms. McNall. Mm-hmm. Senator McCaskill. Why in the world would you go from 4,000 to 5,620 in the first year? How could the contract be that far off that soon, that close to the beginning of the contract? Ms. McNall. Yes, ma'am. Actually, we do not agree with that 5,600 number. I understand exactly where the number came from, or at least we think we do, but we cannot match it with our own records. The contract provided that the controller would, for each year, need to train about 4,000 controllers, and it said, plus or minus 10 percent. Senator McCaskill. Right. Ms. McNall. We do agree the number was higher, and by our calculations was around 4,500 to 4,600. I think, and doing it wrong. It is different data systems that collect the data that I think is helping lead to why there is a bit of a difference-- -- Senator McCaskill. OK. Wait. Let us back up here. Ms. McNall. Mm-hmm. Senator McCaskill. So, you are telling me that you are paying for training for these people and you are not even sure and cannot articulate why the IG would say there was 5,620 and you are saying there was 4,500? Ms. McNall. No, I can definitely articulate that. The 5,600 was Raytheon's number, which we believe includes all people initially put into the class, whether or not they graduated from the class or washed out. It includes training that we would otherwise not necessarily have counted, all right. So---- Senator McCaskill. Well, why did you pay them for it, then? Ms. McNall. Oh, one thing, it is a cost reimbursement contract and we treated it like a level of effort contract, and the way we should have is basically a performance-based contract. But they were successful in training this number of personnel, and we do agree--they did put in a request for equitable adjustment and at the end, we agreed they did train more than we expected. So, if you take the plus 10 or minus 10 percent, that makes 4,400 at the op side. We do agree they trained at least 4,500 to 4,600. In addition, they had to do different kinds of training. There is a separate requirement which says that we can only vary by 3 percent the different categories of training and we varied more than that. So, some of the technology training was increased. Some of the training for controllers that are already trained but now need to be trained for new positions, that was higher than we anticipated, as well. Senator McCaskill. OK. So, you thought the most you were going to pay for was 4,500. You paid for 5,600, correct? Ms. McNall. I would---- Senator McCaskill. Is that correct, Ms. Langan-Feirson, that they paid for 5,600 the first year? Ms. Langan-Feirson. The numbers that we have are that FAA underestimated the number of controllers by 41 percent. There were 5,620 developmentals rather than 4,000 that was in the solicitation. Senator McCaskill. OK. So, here is the problem. You are paying a thousand over. Forty percent is the figure that they are using. Ms. McNall. Right. Senator McCaskill. And what happened when that occurred? Were there alarm bells that rang? Did everybody get together and say, we have to look at this contract, we have to change some things and we have to figure out what our number is for next year, and so the next year, it got better? Ms. McNall. Yes, ma'am, we did---- Senator McCaskill. No, it did not. You still had major cost overruns the next year. Ms. McNall. Yes, we did, but the cost runs were less, not nearly--do not get me wrong, the cost overruns were still present and they were present for the third year, as well, and I am horrified by that, as well, all right. But, we started a positive trend, all right. We got our controls. I will tell you, honestly, the first 3 years of the contract, management in particular were very troubling. The fourth year, we got better. That is why I am saying we succeeded in our most important goal, which is getting air traffic controllers trained as needed and providing the quality of training that was needed. The problem was the cost control---- Senator McCaskill. Well, I think, there, the issue is that--even in this testimony today, there does not seem to be a clear explanation that can be articulated between the difference in what you contracted for and what you paid for, and it does not even appear that you agree that they were training--that they should have been training all the people they were training, based on the testimony you have just given, that they were doing training you did not even anticipate them doing. And so you say it was a lot different in the second year, but my recollection is the first year, it was $40 million over--or $20 million over? Ms. McNall. No, 20 over. Senator McCaskill. The first year 20 over, and then the second year, was it not 20 over again? Ms. McNall. Not quite. Senator McCaskill. It was $29 million the first year and $31 million the second year. Ms. McNall. I will be happy to double-check those numbers for you, with you and confirm back. The issue we had that was-- keep in mind, the difference between a level of effort contract or our contract where I am paying per controller, which was an idea we originally contemplated, but the IG appropriately pointed out to us would not be appropriate, it is a performance-based contract. So, we are not training per controller. We are training the volume of controls, whatever that amount might be, so long as it is within 10 percent of 4,000, right. Above that, we recognize, yes, where the contract is entitled to an equitable adjustment, as well as if the mix changes of controllers beyond what we anticipated, and we agreed, that mix also did change. It did entitle the contractor to an equitable adjustment. One of the things we did that first year, for example, on the incentive fee, they only got their minimum fee. They got nothing more than that. Senator McCaskill. OK. All right. Let me let Senator Johnson ask, and then I will come back and followup. Ms. McNall. Mm-hmm. Senator Johnson. Let me use a little accounting lingo here. You have a price variance and you have a---- Ms. McNall. Yes. Senator Johnson [continuing]. A volume variance. It sounds to me like the problem with the contract was a volume variance. You had to train more air traffic controllers, is that accurate? Ms. McNall. That is largely accurate, and the only reason why I am hesitating at all is one of the things the FAA did was require this contractor to mirror the level of services being provided by the prior contractor without first evaluating, were all of those services the prior contractor had providing needed. We just told the contractor, go out, every facility at which our prior contractor was at, provide at least that amount of staffing. While we were running the procurement, which in this case was a little bit longer process than normal, that prior contractor was continuing to expand the sites at which they were present and providing training. In fact, that grew, although it was known within the agency---- Senator Johnson. So, you had training overlap between two contractors, which---- Ms. McNall. Yes. Senator Johnson. OK. Ms. McNall. Three contractors, in fact, since we were replacing---- Senator Johnson. Let us just back up---- Ms. McNall. Right. Senator Johnson [continuing]. Because, I mean, I am new to this whole issue. Can you give me a little bit of history of training in the air traffic control system? For example, after the professional air traffic controllers organization (PATCO) strike, we had to hire a lot of people. We had to train a lot of people. Ms. McNall. That, we did. Senator Johnson. Was that done internally, on-the-job training? Was that done with an outside contractor? Ms. McNall. It was done with the help of an outside contractor, just as it is today. For approximately 20 years before this contract, all right, we started off with training at our Academy in Oklahoma City. The Academy in Oklahoma City contracts, and at that point, they were contracting with Oklahoma University to provide training at the Academy. So, that was the starting point. That was the same up until we competed and Raytheon won the contract. Senator Johnson. So, prior to that, you were actually contracting with a university to do the training? Ms. McNall. Yes, at FAA's facilities. So, it is not like we were sending them to college or university. Senator Johnson. Who would be the other potential competitors for this contract, other universities? Other private sector businesses? Ms. McNall. Yes to both, because Oklahoma University was only providing Academy training, which was sort of the initial basics course at this one facility. We hired potential air traffic controllers. They take a test so we can determine, are they likely to be good air traffic controller candidates. If they pass that test, we hire them. We send them to the Academy to begin their training. From there, we send them to the facilities where we think we are going to need the personnel, all right. Again, that is an estimate, because we do not know exactly who is going to retire when. But, based on statistics and historical patterns-- -- Senator Johnson. OK. Ms. McNall [continuing]. We do our best guess. At the field, a private sector contractor takes over, historically, a separate contractor. It was a small business company, Washington Consulting Group, held that contract for many years. Senator Johnson. How many different air traffic control positions are there? I mean, how many different classifications of air traffic controllers are you training for, approximately? Ms. McNall. I---- Senator Johnson. I mean, is there just one kind of air traffic controller, or---- Ms. McNall. No. Senator Johnson [continuing]. Are there 10? Are there 30? Ms. McNall. No. The reason I am hesitating--I will promise I will get back to you for the record with a better answer. I can tell you that we have over 15 levels of facilities, so that is---- Senator Johnson. That was my next question. Ms. McNall. OK. Senator Johnson. OK. So you have 15 different types of facilities. Ms. McNall. No, 15 levels. OK. I will back up a little bit further. Senator Johnson. Because, then I was going to say, different types of equipment configurations. I am trying to get---- Ms. McNall. Right. Senator Johnson [continuing]. My arms around the complexity of the training situation. Ms. McNall. Yes. Absolutely. Senator Johnson. You have different sized airports---- Ms. McNall. Different sizes of facility. Senator Johnson [continuing]. Different sized towers, different equipment configuration, you have different---- Ms. McNall. And not just towers, sir, if I may, respectfully. Senator Johnson. OK. Ms. McNall. Right. We have towers. Then we have what are called Terminal Radar Control Facilities. They may or may not be located where the tower is. And then we have 22 route facilities across the country that handle air traffic. They basically handle different volumes of air traffic. So, not only do we have the difference in facility size and the difference in equipment, the layout, et cetera, we also have different positions in that facility. So, one controller, for example, will only handle arriving air traffic. Another controller will handle only departing air traffic. Another controller will be watching, generally, out for field---- Senator Johnson. OK. So, let us go back. A number of different types of towers. Ms. McNall. Yes. Senator Johnson. Are they all the same, or are there different configurations of that? Ms. McNall. They are all---- Senator Johnson. Pardon? Ms. McNall. They have very different configurations. Senator Johnson. So, how many different configurations, approximately? I mean, are you talking about 100 different configurations? I mean, is each one---- Ms. McNall. Each---- Senator Johnson [continuing]. Totally separate, totally unique? Ms. McNall. We have tried to standard the physical layout of the towers, but the physical layout of each airport tends to be a little bit different, which means there are changes for each airport, accordingly, right. If there is a mountain here, if there is a cliff there, right, that is going to alter the procedure. The air routes that the controllers have to guide the pilots along, those vary, as well. Senator Johnson. OK. Ms. McNall. And, in fact, we have a variety of different air routes that go into any one facility. In fact, and then what air route can be used depends on the equipage of the aircraft, and the controller has to know and visualize within their mind not only where is that aircraft, but which route can I give this aircraft based on the training of the pilot from that aircraft as well as the equipage onboard the aircraft. Senator Johnson. OK. So, the bottom line here, without getting---- Ms. McNall. Mm-hmm. Senator Johnson [continuing]. Spend a lot of time on the detail, which I---- Ms. McNall. Sorry. Senator Johnson [continuing]. Would be glad to get into at some point in time, but the bottom line is there is a great deal of complexity---- Ms. McNall. Yes. Senator Johnson [continuing]. In trying to anticipate over a 10-year contract what those training requirements are going to be. Ms. McNall. Exactly. Senator Johnson. Is that at the core? And I will ask all three of you to comment, because, to me, just writing down, well, you have to define the training requirements, well, yes, of course. Ms. McNall. Right. Senator Johnson. But then, all of a sudden, you realize, defining the training requirements is unbelievably complex and it is very hard to anticipate. I mean, is that----- Ms. McNall. You are absolutely right, Senator. Senator Johnson. Does anybody want to disagree with that? Ms. Langan-Feirson. I would say---- Senator Johnson. Or chime in? Ms. Langan-Feirson. I would agree. It is a very complex task. I would also say that the FAA has been training controllers for a very long time and it is a very important task. Senator Johnson. Ms. Dugle. Ms. Dugle. And all I would answer is that one of the steps that we have taken is to actually create a very simple tool, but a very powerful tool, that takes that complexity, decomposes it, puts it into an automated spreadsheet where all of our then-onsite trainers--we talked about coming from headquarters predicting and scheduling training out onto the site. We then take that each month, analyze 30 days of history, we look at our current 30 days, and then we do the forward planning that---- Senator Johnson. So, Raytheon does its 10 to 25 percent--I am looking at 25,000 versus 250 and I am saying that is 10---- Ms. Dugle. Yes---- Senator Johnson [continuing]. But somewhere in that 10 to 25 percent of the training, you do that on the very front end and then---- Ms. Dugle. We do that now on a continuous basis. Senator Johnson. But, I mean, in terms of the cycle of an air traffic controller. I mean, are you primarily handling the first year of training of an individual, and then it gets turned over to on-the-job training with FAA personnel? Ms. Dugle. It would be approximately a year. So, we do the Academy training. We then do the onsite training and then we transition to the FAA for the actual on-the-job training. So, we handle two of the three components. Senator Johnson. So, we can criticize the FAA for not having defined this training requirement. How critical are you of that? I mean, are you actually pretty sympathetic with the complexity of it, or do you think there could be just a far better job, even within the complexity, that we can always do a better job, but---- Ms. Dugle. I think we can always do a better job. What I will say, this program came under my responsibility in April and I became a student of air traffic control training. I never had any appreciation for the level of complexity. So, you have the individual component---- Senator Johnson. Are you asking for reassignment yet, or-- -- Ms. Dugle. Yes, that is right. [Laughter.] Ms. Dugle. I do not think I could pass the training, quite frankly. But when you put the variables--and I am from an engineering background, right, so to get a consistent answer, I have to have so many known variables in an equation. When I put in the personal talents, we screen candidates coming in, but this is a very complicated job. Not everyone can do it. Then we have all the factors that Pat talked about. So, I am---- Senator Johnson. Let me go over time just a little bit, just because this ties in. How much remedial training are you on the front end having to do just because the applicants coming in, yes, they have a degree, but there are just deficiencies and you have to bring people up to speed in terms of whatever our education system should have done? Ms. Dugle. So, probably the best factual indicator of that is our fallout rate. When we assumed responsibility for training, that failure rate was 29.5. Over the time period, we have reduced that to 17 percent. I think in this kind of training, you would always run in some level of double-digits because you just absolutely cannot screen all the temporal and visual talent. Senator Johnson. So, the reduction really is better screening, better application process, better hiring procedures, and that would be---- Ms. Dugle. Well, and---- Senator Johnson [continuing]. On your part or on FAA's part? Ms. Dugle. And on our ownership, constantly improving that training, right, modernizing the techniques so that people are better able to digest and retain knowledge. Senator Johnson. OK. Thank you. Sorry for going over. Senator McCaskill. No, it is no problem. Ms. McNall, the $250,000 figure that you cited in your testimony a few minutes ago, that is the first we have ever heard that number. Ms. McNall. I apologize. Senator McCaskill. Well, you know, we have been at this since 2010. Ms. McNall. Yes. Senator McCaskill. I have been writing letters. We have been trying to communicate with you and your agency. Now, we got some spreadsheets, finally, on Friday---- Ms. McNall. Yes. Senator McCaskill. and Ms. Langan-Feirson, I am not even sure if you have seen these, but we have on Friday, you finally gave us some information that says your Air Traffic Training Detail for fiscal year 2012 is $359 million, is that correct? Ms. McNall. I believe that would be for the--if that is the sheet that shows the cost of FAA providing the training, I do not believe that sheet necessarily includes the contractor training. Senator McCaskill. You do not know whether it does or does not? Ms. McNall. I hate to put it this way. I am trying to--from that sheet, that would be FAA cost only. Senator McCaskill. This is FAA costs only? Ms. McNall. Yes. Senator McCaskill. OK. And is there a reason why this was unavailable to us for years and we got it the Friday before the hearing? Would you not have this available? Ms. McNall. We do have that available. We have had that information available. I am sorry I did not know, at least personally. I, too, only joined this job fairly--well, 2011. Anyway, I did not know that you wanted that data, but, of course, we will be happy to provide that data----- Senator McCaskill. Well, let me just explain what we are trying to do here. Ms. McNall. Yes. Senator McCaskill. We are trying to figure out if you know what this costs. Ms. McNall. Yes, ma'am. Senator McCaskill. And we are trying to figure out if you know what it is you are buying. Ms. McNall. Yes. Senator McCaskill. I get that what you are doing is complicated. Ms. McNall. Yes. Senator McCaskill. But, at the end of the day, acquisition is about the people who know what they need buying it and having some idea what it costs. Ms. McNall. Absolutely. Senator McCaskill. So, you understand my concern that we would have two IG reports and we would have a lot of criticism about cost overruns, and for the first time at this hearing, we finally hear a figure about what you think it costs to train someone to be a functioning, well-informed, well-trained air controller, and the Friday before the hearing, we finally get numbers--do you have these numbers, Ms. Langan-Feirson? Ms. Langan-Feirson. No, I do not. Senator McCaskill. Have you tried to get these numbers? Ms. Langan-Feirson. In our report, we have--those--I do not know what those numbers are, but in our report, basically, one of the findings that we have is that the FAA is responsible for the on-the-job training. Raytheon is responsible for the Academy training and the developmental training, and then they get handed off for on-the-job. Senator McCaskill. Right. Ms. Langan-Feirson. The point is that the contract costs are under the contract and there are other costs that the FAA incurs to train an air traffic controller. You need to put those two together to get the total cost. Senator McCaskill. Absolutely. Ms. Langan-Feirson. And when we went into the field and we interviewed people in the field, we asked them whether they were capturing the costs for kind of the off-loading of the courses that Raytheon could not train because they ran up against the cost ceilings, were those being captured, those costs that the controllers were basically---- Senator McCaskill. Absorbing. Ms. Langan-Feirson. They were self-performing and absorbing. Senator McCaskill. Right. Ms. Langan-Feirson. And we do not think that they are. We know that the FAA is basically capturing what they call OJT costs, which those probably are, but we did not see accounting codes that would then differentiate and kind of pull out those costs that were being self-performed that should have been performed our would have previously been performed under the Raytheon contract. Senator McCaskill. So, the issue here is this. Complicated training, but this is to try to simplify the problem we have. They cannot train, under the contract they have been given, do as much work as they need to be doing. You ran out of money. You had to start the option early, because you guys ran out of money, and you have cut staff by, what, 30 percent, that are doing the training? Ms. Dugle. At various points in the contract. Senator McCaskill. Yes. Well, you have had to cut staff because there is not enough money. So, that means that the agency is absorbing the costs of doing some of the training that Raytheon is not doing now. So, if you are going to recompete this contract, you cannot do it unless you figure out what everything costs---- Ms. McNall. Right. Senator McCaskill [continuing]. And have any hope that the amount you are paying for the contract is the right number. That is my sense of urgency here. I am very respectful that this is hard. But if you are not even attempting to capture your costs that you are absorbing because the contract amount is clearly not correct, then all we are going to have is more of this ad nauseam in the future until you figure that out. So, is the $250,000 number one I can bank on at this hearing? Is that the number it costs to adequately train air controllers in the FAA? Ms. McNall. That is our best calculation. It is an average figure. Keep in mind, individual controllers---- Senator McCaskill. And that includes both Raytheon money and the money that the agency is spending? Ms. McNall. Yes. In addition, if I may, one of the points, as the Inspector General pointed out, was the importance of us tracking costs that our controllers are incurring, particularly if they are going to pick up training that Raytheon otherwise could have performed, right. That sheet that we provided you has different categories of training put on it. One of those categories is on-the-job training, which is the type of training that the FAA controllers have always done. That is work that Raytheon has never done, and, frankly, it is our anticipation no contractor would be doing, right. Senator McCaskill. Right. Ms. McNall. That is the last step, right. Senator McCaskill. Of course. Ms. McNall. You will also see a category in there called ``Proficiency Training.'' That is a type of training that Raytheon has historically performed. That is a type of training that we have moved in-house, and there are a number of very good reasons that I will be happy to go into if you like, but you will see that we are tracking that cost. Another cost is called ``Training, Other.'' It is under a ``Training, Other'' category that we track the time our controllers spend providing training that otherwise would have been done by Raytheon, all right. So, we are tracking all those types of costs. The other item that the Inspector General quite rightly brought up was the potential of overtime. We are continuing to track overtime to see if there is any increase or decrease. And, in fact, our overtime cost had been, overall, decreasing, and it is less than 1.7 percent currently. So, yes, I fully agree with the Chairman. It is very critical that we have a good understanding of our cost and what is the right mix to be using between our--when we use a contractor or when we are using our own personnel, along with what is the right capability and skills that are involved. So, that is engaged. We are keenly watching that. One of the processes that we have changed since the ATCOTS contract was originally awarded was starting to bring the types of tools--and I apologize for going on--but beginning with the types of tools that we have historically used when making capital investments or information technology acquisitions to our service contracts so that we can do that by alternatives analysis. Senator McCaskill. Well, that would be--yes, and here is the thing. My colleague, who I have a great respect for because I think that he would agree with me, it would be a good idea if every member of the Senate has had to make a payroll, it would be a great requirement for this job, because I guarantee you, if you were a private business, you would have figured out these costs before you had cost overruns of $89 million over a period of just a few years. You would have figured it out. You would have figured out whether or not it was cheaper or more expensive to have Raytheon be doing this and asking for increased contract amounts or whether it is more expensive for the government to be doing it. To be honest, Ms. McNall, I think you are just now getting your arms around that. I think you went years thinking it was not that big of deal, and I think that is why we are here, because I think if you thought it was that big of deal, you would not have had this same major finding in an audit 2 years after the first one, and that is what brought us here today. I did not know how else to get your attention, because it felt like, to me, that you guys thought we were just bothering you, and if you just held on long enough, we would go away. I can assure you, I am not going away. We are going to get this fixed. And when you recompete this contract, I am going to be on it like a rabid dog, watching how this works, whether or not you have finally figured out what you need and what it should cost, and whether it is more cost effective to do some of it in-house and more of it through Raytheon or another contractor, whether you have the right mix, most of all, if you understand what each different potential would cost, and that is what I think really has been lacking. I have a few more followups, but I have gone over and I want to turn it over to Mr. Johnson. Senator Johnson. Apparently, we have a vote called, so I will keep this pretty short, but just really second what the Chairman has said. It is about information. It is about being able to have the tools and being able to make that evaluation as to whether or not it is better to do it in-house versus hire an outside contractor and who the different contractors are. Ms. McNall. Right. Senator Johnson. And this is going to just get more complex as you move on to more technology. From my standpoint, I would think moving forward with technology, particularly in an area like air traffic control--I mean, I have watched my son do in- flight simulators, amazed at the technology there. So, I would think, being a real supporter of the private sector and the innovation of the private sector, I would think the private sector would probably be a little more nimble and be able to bring some real technological advancements to the training process to actually improve quality, which, by the way, that has got to be the first consideration--quality, safety. That is the first. I am concerned about cost, but, boy, we do not want to compromise quality and safety at all. But really taking a look at technology, and only with the information, really understanding what the true internal costs are in it, and I recognize that can sometimes be difficult to ascertain, but it all depends on how complex it is in terms of the use of personnel. So, let me quickly ask that question. Do you have full-time trainers within the FAA? Is that their entire task? Or is this also where people have split duties, where they are air traffic controllers at some point in time and--I mean, is just gathering that information also complex, or is it just that there has not really been the desire within the agency to really make a real push on getting the information? Ms. McNall. So, within the agency, we track the time of all of our personnel, including our air traffic controllers, which is then allocated to a particular cost code. That is one of the things the Inspector General---- Senator Johnson. So, you should really have very accurate information in terms of really what the training costs would be internally. Ms. McNall. And that is the information we have now provided to the Committee. Senator Johnson. OK. And, again, so you are saying it is about $250,000, add to that about $25,000---- Ms. McNall. The $25,000 includes the contractor cost as well as the FAA employee cost. Senator Johnson. OK. So, it is $225,000 plus about $25,000. Ms. McNall. Right. Senator Johnson. I mean---- Ms. McNall. Keep in mind, it, generally speaking, takes about 2\1/2\ years to train a controller. Senator Johnson. Right. Ms. McNall. That will include the training cost of the controller who is being trained. Their salaries are also in that---- Senator Johnson. So, to me, the metric--but even then, what is the differentiation between full training of a raw recruit versus refresher? Do you have some sort of sense of that breakout? Ms. McNall. Mm-hmm. Senator Johnson. I mean, how much are your training costs in your annual budget, if it is $360,000--$360 million, how much of that is refresher versus brand new? Ms. McNall. So, that is a very shifting number. In fact, that was one of the changes, again, that we had not--I hate to go back, but if we go back to the length of time to train and why that did not improve, the year 2009 was an anomaly, and one of the reasons that was an anomaly is because the proportion of that training mix was fewer raw recruits and more training of actual controllers in place, which is a shorter period of time, so---- Senator Johnson. OK. So, are you tracking it--as long as we have this---- Ms. McNall. But we track it all. Senator Johnson [continuing]. The tracking code---- Ms. McNall. Yes. Senator Johnson [continuing]. So you should be able to say, this training was done for refresher. This training was done on new recruits---- Ms. McNall. Exactly. Senator Johnson. OK. So, my bottom line, and we have to go to a vote, is the development of better information, not just for the sake of getting information, but actually targeted, and then working with the contractor to actually hone in on what-- because it may be a more lucrative contract to Raytheon but save the government money. The total value proposition here is what we are after. Ms. McNall. Yes. Senator Johnson. But, you need the information. So, again, I just want to second what the Chairman was talking about, is the desire and the need for accurate information--because, again, reading through the Inspector General's report, I just had a lot of questions, and there should not be. I mean, we should really have in a management information system the kind of detailed information that would just really point us in the direction of how we should manage this training---- Ms. McNall. Absolutely. Senator Johnson [continuing]. Because it is crucial. But, with that, I will finish my questioning remarks. Thank you. Senator McCaskill. And we have votes. Senator Johnson. Yes. We have time here. Senator McCaskill. So, I have a little bit more. I would ask your forbearance. I am going to run over, vote, and come back. I want to talk about the award fees. It is a thing that I care about. I have done this, and by the way, you should talk to the folks at DOD on award fees and performance fees-- Raytheon knows I have been on this--about how we do this and whether or not we are using them as the tools they should be used, and a few other questions. So I am going to run, vote, and come back. It should be 10 to 15 minutes at the max. Thank you. Senator Johnson. She is letting you off the hook. Thank you all. [Recess.] Senator McCaskill. I am so sorry. I will tell you, though, it is not lost on me that I sit up here and rail against government agencies for being inefficient and ineffective and I am a member of the U.S. Congress. I just want you to know, I get the joke. [Laughter.] This is one of those days that I feel that in a painful way, that this is an ineffective and inefficient Congress. Let me go through just a few more things I want to make sure we get on the record before we close today, and I do not have--we have covered most of it. Who would you say is in charge of this program? Ms. McNall. So, the person---- Senator McCaskill. You need to turn your microphone on. Ms. McNall. So, we have a program manager who works within the Air Traffic Organization who is in charge of the program. That person reports directly to the Air Traffic Vice President for Safety and Technical Training. Senator McCaskill. Is there an Air Traffic President? Ms. McNall. There is an Air Traffic Chief Operating Officer. Senator McCaskill. But then there is a Vice President? Ms. McNall. There are several Vice Presidents. Senator McCaskill. Weird. Ms. McNall. We are a little bit of a different agency. Senator McCaskill. That is weird. We do not have Vice Presidents in government unless his name is Biden. [Laughter.] We have it in private companies, but we do not have it typically in agencies. So, you would say that the Vice President is the person who ultimately has the responsibility for the effective operation of this program and the effective use of contracts in support of this function? Ms. McNall. He is the one responsible for seeing that air traffic controller training is done effectively and efficiently. I am the one who is responsible for seeing that the contracts he needs to accomplish that are done appropriately. Senator McCaskill. OK. Who do both of you report to, in common? Ms. McNall. The Administrator. Senator McCaskill. So, the boss of this program is really Huerta---- Ms. McNall. Always. Senator McCaskill [continuing]. Because you have one on the programming side, one on the acquisition side, and the only time the two of you meet is at the very top. Ms. McNall. From an organizational perspective. Now, of course, I meet with the Vice President at least monthly, and then I have a variety of oversight processes---- Senator McCaskill. But you do not work for him. Ms. McNall. No, I do not. Senator McCaskill. And he does not work for you. Ms. McNall. Correct. Senator McCaskill. So, I am trying--I have learned---- Ms. McNall. You are right. Senator McCaskill. I have learned the hard way that if you do not figure out who is in charge, the chances of you getting something fixed go down exponentially. So, you are telling me that, ultimately, if he is not doing his job or you are not doing your job, the only person who can make you accountable is, in fact, Administrator Huerta. Ms. McNall. That would be correct. Senator McCaskill. OK. Let us talk about award and incentive fees. What is your understanding of what the contractor had to do to get what I think most Americans would call bonuses? Ms. McNall. Yes. What the contractors had to do to achieve both its incentive fee and its award fee has varied over the period of the contract. Senator McCaskill. What was the first bonus and incentive fee they got? Ms. McNall. Right. So, in the first year of the contract, we established a target cost, right. The share ratio on that target was 50/50. So, for each dollar that the contractor incurred above that target cost, reduced his fee by 50 percent. Each dollar below that target cost reduced that fee by 50 percent. That first year, because of the cost overruns--up to a min and max in each case. So, at some point, the fee that he can add to that target is limited, and the same thing at the top. As cost growth, he gets a minimum fee. The first year, the contractor ended up with the minimum fee. The same---- Senator McCaskill. Wait a minute. Ms. McNall. Mm-hmm. Senator McCaskill. So, he did get the fee that was supposed to be incentivizing costs? Ms. McNall. He got the smallest amount of fee possible under the---- Senator McCaskill. And how much was that? Ms. McNall [continuing]. Contract. Roughly $1.5 million. Senator McCaskill. OK. So, he got $1.5 million in a year that the cost overruns were $31 million. Ms. McNall. Yes. Senator McCaskill. Why did he get anything? Ms. McNall. When we bid the contract, and this is one thing that is always done when you are bidding a cost plus incentive fee contract, is--at least in best practices--you allow the companies to propose back to the government what that target ratio should be, and then what the minimum and maximum fees should be, and that--you then pick on what you think is the best value for the government. In this---- Senator McCaskill. Well, how can it be a value for the government if the cost overruns are $31 million and we still give them money for doing a good job on cost? Do you understand that sounds weird? Ms. McNall. I absolutely understand that sounds weird. It was a very small fee for the amount of work done, and the contractor was successful in performing the contract. I fully understand, right, this was not a controlled cost. I have other contracts where the contractor will bid and we will agree and write into the contract, there is no minimum fee, but that was not this contract. Senator McCaskill. OK. The FAA's award fee contracting guideline---- Ms. McNall. Yes. Senator McCaskill [continuing]. Says no performance element should be incentivized more than once. Ms. McNall. Correct. Senator McCaskill. That is exactly what you did when you offered Raytheon an incentive fee and an award fee for containing costs. Why did that happen? Ms. McNall. In all honestly, I was not in this job at the time that happened, in their first years of the contract, so I cannot tell you exactly what that happened, other than the fact that the agency at that point was very interested in controlling cost. As you pointed out, we were incurring cost growth and we wanted to bring it under control. Senator McCaskill. So, there were $14 million in the first 4 years of the contract in incentive and award fees. Is that a correct figure? Ms. McNall. Excuse me just a moment. [Pause.] Seventeen million in incentive fee and--but more than that in the award fee. Senator McCaskill. Can you help---- Ms. McNall. Of course, that is going through the first 5 years. Senator McCaskill. That is 5 years. Ms. McNall. We will be happy to get back to you. Ms. Langan-Feirson. During the base period, there were $14 million in cost incentives and approximately $17 million in award fees---- Ms. McNall. Yes. Ms. Langan-Feirson [continuing]. For a total of $31 million. Senator McCaskill. OK. Thirty-one million. And during that same period of time, what were the cost overruns? Ms. Langan-Feirson. The cost overruns were $89 million. Senator McCaskill. OK. So, we had cost overruns of $89 million and we had two fees that were supposed to be incentivizing costs--two incentive and award fees incentivizing costs and they got $31 million. Ms. McNall. That is correct. The award fee incentivized more than simply cost control. Senator McCaskill. What else did it incentivize? Ms. McNall. It incentivized, basically, performance of the contract. It successfully trained the controllers that we needed to have trained. Senator McCaskill. And what were the metrics on that? Ms. McNall. So, that is where the metrics varied for each performance period. Senator McCaskill. Who decided what the metrics were? Ms. McNall. So, the FAA did. Senator McCaskill. Well, I thought that Raytheon developed the performance metrics early in this contract, that the FAA did not do the performance metrics but, rather, they were drawn up by Raytheon. Ms. McNall. As part of the contract bidding process, each company bid metrics, proposed metrics, for the award fees. One of the reasons why we asked for them to bid the proposed metrics for the award fee was to see how well they understood what the contract was aiming for and how good they were at metrics development, which would give us a clue as to how good they might be at actually achieving those metrics. So, Raytheon bid proposed metrics. The FAA changed those metrics before we awarded the contract. But we did accept some of them, the basic underlying premise of them. Senator McCaskill. OK. So, you had a set of metrics before this contract was--before you had the competition on this contract, you had a set of metrics developed within FAA that you were going to measure a contractor by. Ms. McNall. In all honestly, again, I was not here at the time, so I do not know that we had those metrics prepared. I can tell you, I guess, that we did allow the offerors to bid proposed metrics to us, and that in this case, before we awarded the contract to Raytheon, we accepted some of their metrics and we changed others and that is what went into the contract for the first award fee period. Thereafter, the agency established the award fee criteria. Senator McCaskill. All right. Do you believe that she has characterized this accurately, Ms. Langan-Feirson? Ms. Langan-Feirson. Senator, we had a great deal of difficulty going through the performance measures, because the performance measures on this contract varied from period to period. In the beginning, in our first report, it was reported that some of the performance measures, Raytheon was assisting with the development of the measure. But, I will tell you, in the second report, we did look at Award Fee Periods 5, 6, and 7 of the base contract and there were essentially four performance measures, two of them associated with cost, that were totally ineffective because the costs kept changing, and there was one associated with quality assurance which was relatively effective, and then there was the one about staffing efficiency that we put in the report---- Senator McCaskill. Right. Ms. Langan-Feirson [continuing]. Which we did not find effective. So, we did not find that the award fee performance measures were very effective on the contract. Senator McCaskill. And the new fee structure, the new award fee structure after the exercise of the option, it is my understanding, Ms. Langan-Feirson, that your report--in looking at your report, you saw some conflict there. Could you talk about that? Ms. Langan-Feirson. There were five performance measures in the first period. We were only able to audit what is called Award Fee Period 8, which is the first performance period in the option, and there were basically five performance measures. It is the first one that was the most troubling to us, which basically required that Raytheon deliver the performance work State and the annual workplan requirements, but also stay within the cost target. If they did not do one or the other, they would fail. If they had an unsatisfactory, they would fail all of the other performance measures. So, while there might have been other performance measures that would have incentivized the contractor, those all went out the window if you achieved an unsatisfactory on either one. We also felt it was very troubling, because if you met the target cost, what essentially happened was you were not delivering enough training, and vice-versa. If you delivered enough training, you might not have been under the target cost. We did not think this was a very effective performance measure. Senator McCaskill. And that has got to be really hard for Raytheon, because you cannot do both. That is impossible with this contract, correct? Ms. Dugle. It is correct. What we are trying to do is optimize the value of every training dollar, but at some point, we are capped on the amount of training that we can deliver due to the constraints of the budget. If I may, Senator, I just wanted to clarify or expand upon one point that you made. It is obviously factual that Raytheon received approximately $31 million in fee over the time period. Senator McCaskill. In addition to cost-plus. Ms. Dugle. Well, that is the entire fee that we earned, and that is what I wanted to clarify, is that it was not a bonus on top of any kind of normal fee. It was simply those were the dollars that we earned on the work that we did. And I would make the point that, yes, the budget, we expended more than was budgeted, but we trained between 40 percent more students in year one and in net over the 4-year, 20 percent more students. And so it is a bit counterintuitive to say the contract was overrun and you are being paid fee, but you have to equate it back to the volume of students. Otherwise, it would be an unfair burden on a company. Since year one of this contract, each year, we sat down with the FAA. We target the amount trained and the dollars. And since that time, since year one and the 1.5 percent fee that Ms. McNall referenced, in years two, three, and four, we have hit our targets and we have delivered to those numbers. I bring that forward because we are improving progressively as we go and I just wanted to go on record that incentive and award fee is the only monies earned. It is not in addition to any other kind of base beyond the program. Senator McCaskill. OK; I am confused. So, I thought this was a cost-plus contract. Ms. Dugle. It is. Senator McCaskill. So, you get your costs plus a margin of profit. Ms. Dugle. We get our costs plus an incentive fee award and an award fee. Those comprise our fee. Senator McCaskill. So, both the incentive fee and the award fee are the only things that you are getting above your costs? Ms. Dugle. Yes, ma'am. Senator McCaskill. So, this is not a cost-plus-award contract. This is just a cost plus incentive fee or award program. Ms. McNall. Yes. Ms. Dugle. Yes. Senator McCaskill. Oh, OK. Well, that makes a difference. Well, you guys need to redo this. This is a mess, because it is too hard--all of it is counterintuitive. You all are being asked to train X-amount of people on not enough money to do that. You all are absorbing all the costs that they cannot do without really having a handle on what that is costing you every year. And, meanwhile, the only way they make any profit on them is giving them award and incentive fees for holding down costs when you have paid them more than the contract was worth most of the years they have had the contract. And you wonder why people shake their head. I mean, we have to do better at this. So, are you ready with performance metrics for the rebid? Ms. McNall. We have not yet decided whether or not we will use performance metrics for the rebid. One of the concerns we have is exactly what you have raised. We have had a great deal of difficulty of establishing good award fee criteria and a question of--incentive fee works absolutely wonderful if we can hold the target cost accurately, right, so there are no changes to the contract. Senator McCaskill. Right. Ms. McNall. If I cannot do those two things, then I have to question whether or not I should do either an award or incentive fee. Senator McCaskill. So, what is wrong with price certain? You know the different kinds of training, right? You may not know how much you are going to do in each category, but you are going to have just as much luck predicting that as you have had predicting everything through this whole contract. What is wrong with a price certain? Ms. McNall. So, what we are considering is a combination of firm fixed price, for example, possibly for the Academy training--this is not to say we have made any decisions, and, of course, I do not want to give any--too much advance information that I have not otherwise released to---- Senator McCaskill. Well, I think people, if you are in this hearing room---- Ms. McNall. Yes. Senator McCaskill [continuing]. They know I like price certain a lot better than cost-plus. Ms. McNall. And I fully agree with you. So, mixed with a time and material contract is what we are looking at. Senator McCaskill. So, do you think that you all are prepared on the innovation front? Do you think it is realistic that you can get real innovation with 2 percent? I think $16.7 million of the $859 million that has been spent was spent on innovation. Do you think that is a realistic percentage to actually achieve innovation? Ms. McNall. No, I do not. The reality is the agency does not currently have the budget we would need to do the innovation that we know we need to do. Long-term with the innovation, it will save the agency money. Senator McCaskill. Right. Ms. McNall. We also know that. It is short-term funding that I am struggling to find. Senator McCaskill. What was going on internally, after the IG made the recommendation to assess the long-term outlook of the ATCOTS program, prior to exercising the option? Why was that recommendation ignored before you exercised the option? What was going on internally that caused that particular recommendation to be set aside? Ms. McNall. With the greatest respect, actually, we took the recommendation very seriously. So, before we exercised the option on the contract, we asked ourselves the following questions. Do we now have enough basis to understand what our training requirement is? Do we understand it well enough that we can establish a target cost? And can we now manage this contract like a performance-based contract rather than the level of effort contract, which, in all honesty, for the first few years of the contract, we treated it much more like a level of effort contract than performance-based. At the same time, our No. 1 priority is always safety and efficiency, so the one thing we knew we could not let drop is that steady rate of training. We need that rate of training to continue without interruption. So that was No. 1. Then it became a question of, well, what is the best vehicle? What is my best acquisition vehicle to get to the spot I need to be right now, right, as we are using money, and then where do I want to go in the longer term? Senator McCaskill. Could you speak to what you think, Ms. Langan-Feirson, in terms of the exercising the option? It appears from the outside that it looked like that they just decided to ignore it, but you have spent a lot more time inside this agency than, obviously, I have. I want to get your take on what you think occurred. Ms. Langan-Feirson. I think the most troubling thing for us was that in our first report, we basically recommended that FAA, after the first couple of years of the overruns, get their arms around this. So, we gave them forewarning. Three years later, OK, they were backed up against the wall in contract year four. Eight months in, they were almost at 80 percent of the contract ceiling and they did not have very much time. They basically briefed a business case up the chain and the business case was, we are out of time, OK. They did not have many options left. This was due to lack of advanced planning, plain and simple. That is what was going on. Senator McCaskill. I have other questions, but you have waited. I have had you here for a long time, especially in light of the fact that I had to leave and do votes. Do you feel like that--you have been there since when, Ms. McNall? Ms. McNall. 2011. Senator McCaskill. And what part of 2011? Ms. McNall. January. Senator McCaskill. OK. So, you now have three full years. Ms. McNall. Yes. Senator McCaskill. Do you have the adequate resources and the expertise available to you that you can plan for this next competition in a way that the recommendations that have been made in two different IG reports will be fully embraced? Ms. McNall. Yes. Senator McCaskill. OK. That is the answer I wanted. That means we have had success. I thank you. I thank all three of you. I think you are all strong, competent, smart women that are working hard at the task you have been given and I hope that you understand that I am weird. I like contract oversight, and this is, as you know, I do this in many agencies. Somebody said something, because I have been on the FAA about electronic devices, somebody tweeted me today, ``What's up with you and the FAA?'' I said, well, I just love the FAA. [Laughter.] I hope I have as much success with the rebidding of this contract next year as I had with finally allowing us all to use our electronic devices when we take off and land. So, thank you very much, and we will get you more questions for the record. Ms. Dugle. Thank you, Senator. Ms. McNall. Thank you. [Whereupon, at 4:36 p.m., the Subcommittee was adjourned.] A P P E N D I X ---------- [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]