25 novembre 2019 | International, Aérospatial

Lockheed And Pentagon Joust Over Lucrative F-35 Data Rights

Steve Trimble, Lee Hudson and Michael Bruno

An ongoing legal dispute between the U.S. government and Lockheed Martin over intellectual property (IP) rights in the F-35 program has emerged as the source of a 2.5-year delay in activating a key system required to complete initial operational testing and the full-rate production decision.

Involving the Pentagon's largest single weapons program ever—and with full-rate production critical to Lockheed's long-term profitability—the dispute has waylaid progress for both sides. But not only is the matter holding up the program, it may set a precedent for the military's increasing reliance on software and the government's desire to reap data-based rewards.

“We still do have concerns,” says U.S. Air Force Lt. Gen. Eric Fick, F-35 program executive officer. “We don't need all the data, but the data that we need, it's important that we pursue it.”

“We also have fundamental standards that we need to set down so that it is very, very clear,” adds Ellen Lord, undersecretary of defense for acquisition and sustainment.

The military's open-air test ranges lack the capacity to fully test the F-35's advanced capabilities, so the Director, Operational Test and Evaluation (DOT&E) office is relying on the activation of the Joint Simulation Environment (JSE). The JSE creates a synthetic world that allows operational testers to gauge the F-35's performance in theater-level scenarios, with multiple aircraft flying against an adversary's full arsenal of fighters, missiles and electronic warfare capabilities.

The JSE was supposed to be activated in late 2017 but now is scheduled to achieve the first-use milestone in July 2020, Robert Behler, the head of DOT&E, told lawmakers Nov. 13 during a House Armed Services subcommittee hearing on F-35 readiness. The DOT&E has completed 91% of open-air missions during the Initial Operational Test & Evaluation phase required to qualify the F-35 for a full-rate production decision, but the testers still need to use the JSE to complete all of the testing.

According to Fick's testimony, the IP dispute has delayed activation of the JSE. The JSE requires Lockheed to supply the software to enable a function nicknamed “F-35 in a Box,” he says. This is a software module that allows the JSE to virtually replicate each of the F-35's sensor subsystems, along with the sensor fusion brain embedded in the operational flight program. The government would then add software modules to replicate various threats, including aircraft, weapons and sensors of various adversaries.

A dispute arose because Lockheed asserted an IP claim over nine specific algorithms that were included in the “F-35 in a Box” software package, the general says. The program office responded by bringing in the Defense Contract Audit Agency (DCAA) to review Lockheed's records. The DCAA's auditors determined they could not find the proof in Lockheed's records that the nine algorithms had been developed solely at Lockheed's expense. Since Lockheed failed to prove its claim, the DCAA determined the nine algorithms belonged to the government.

Lockheed has appealed the DCAA's decision to the Armed Services Board of Contract Appeals, where it is still being adjudicated, the general told lawmakers.

The dispute over the JSE feeds into a larger source of tension between the government and contractors over IP rights. Lord testified that her office is in the final stages of approving a new, Pentagon-wide policy on preserving the government's rights to IP in acquisition contracts. The policy will be modeled on an approach adopted late last year by the Army, which requires program managers to establish the government's IP rights on specific systems up front, rather than treat the issue as an afterthought.

“Before we put together an acquisition strategy, you have to think about what information is critical to a program, particularly in terms of sustainability, so that you're not always held hostage to the prime on that through the life of the contract and [so] that you can find better cost solutions through a variety of different providers,” she said.

Still, the new approach could challenge the business models of prime contractors and suppliers, who traditionally have eaten costs up front or bid low to win weapons contracts, with the intent of making money in the two-thirds of the life cycle of the program that includes sustainment. At an Aviation Week defense conference years ago, defense executives were asked to address the idea of giving up IP rights to the government and were determined to resist. “No!” yelled one executive in the closed-door gathering.

Indeed, the new policy—which will not require explicit congressional blessing, as it is internal rulemaking—still faces questions by industry lobbying groups, including the Aerospace Industries Association (AIA). John Luddy, AIA's vice president for national security policy, said IP policymaking is “probably the most important” issue currently between his trade lobby group and defense leaders.

Industry is not yet behind the emerging Pentagon policy, he indicated during the ComDef 2019 conference in October, because it does not strike the proper “balance,” in industry's view, to allow it to reap profits while letting the government contract to sustain weapon systems more affordably.

“We think [it] is headed toward the right kind of balance, but I would just encourage that to continue—we're engaged quite a bit with the department on that,” Luddy said. “We have to find that balance.”

Diana Maurer, director of defense capabilities and management at the Government Accountability Office, noted that her auditing office flagged the IP issue in 2014 and is happy to see the Pentagon make progress on the issue. But the changing nature of warfare systems means the issue will likely only grow. “Weapon systems today are essentially flying or sailing or moving pieces of software, and the intellectual property is an important piece of that.”

https://aviationweek.com/defense/lockheed-and-pentagon-joust-over-lucrative-f-35-data-rights

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24 septembre 2019 | International, Naval

U.S. Department of the Navy Awards Perspecta $657 Million Extension to Continue Providing IT Services on its Next Generation Enterprise Services (NGEN) Contract
Chantilly, Va. - September 23, 2019 - Perspecta Inc. (NYSE: PRSP), a leading U.S. government services provider, today announced that it was awarded a $657 million extension of its NGEN contract with the U.S. Department of the Navy for continued delivery IT services. The extension provides the continued delivery of IT services for an additional four months beyond the current NGEN extension, from June 1, 2020 to September 30, 2020, with three one-month options available. Under NGEN, Perspecta operates the Navy Marine Corps Intranet (NMCI), the world's largest intranet, with approximately 400,000 seats representing 700,000 Navy and Marine Corps uniformed and civilian users, largely within the continental United States. As originally awarded, the NGEN contract would have expired on June 26, 2018, with the current extension slated to expire on May 31, 2020. “Through NGEN, the Navy has long established itself as a technology leader among government agencies,” said Mac Curtis, president and chief executive officer, Perspecta. “We are proud of the innovative partnership we've built with them and look forward to putting bold new ideas to work in preparation for the next phase of the program.” About Perspecta Inc. At Perspecta (NYSE: PRSP), we question, we seek and we solve. Perspecta brings a diverse set of capabilities to our U.S. government customers in defense, intelligence, civilian, health care and state and local markets. Our 270+ issued, licensed and pending patents are more than just pieces of paper, they tell the story of our innovation. With offerings in mission services, digital transformation and enterprise operations, our team of 14,000 engineers, analysts, investigators and architects work tirelessly to not only execute the mission, but build and support the backbone that enables it. Perspecta was formed to take on big challenges. We are an engine for growth and success and we enable our customers to build a better nation. For more information about Perspecta, visit perspecta.com. # # # This press release may contain- forward-looking statements. These forward-looking statements are made on the basis of the current beliefs, expectations and assumptions of the management of Perspecta and are subject to significant risks and uncertainty. Readers are cautioned not to place undue reliance on any such forward-looking statements. All such forward-looking statements speak only as of the date they are made, and Perspecta undertakes no obligation to update or revise these statements, whether as a result of new information, future events or otherwise. Although Perspecta believes that the expectations reflected in these forward-looking statements are reasonable, these statements involve a variety of risks and uncertainties that may cause actual results to differ materially from what may be expressed or implied in these forward-looking statements. Contact: Lorraine M. Corcoran Vice President, Corporate Communications 571.313.6054 office 301.529.9429 mobile lorraine.corcoran@perspecta.com M. Stuart Davis Vice President, Investor Relations 703.547.0300 office 571.424.6262 mobile stuart.davis@perspecta.com https://perspecta.com/press-releases/us-department-of-the-navy-awards-perspecta-%24657-million-extension-to-continue-providing-it-services-on-its-ngen-contract
30 août 2018 | International, Naval

Lockheed Adds To Investment In Underwater Specialist Ocean Aero
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22 mai 2020 | International, Aérospatial, Naval

‘Major Milestone’ As Allies Join SPACECOM’s War Plan
"The hesitation to include allies in Olympic Defender was on our end as well," says Secure World Foundation's Brian Weeden. "National security space is sort of the last bastion of America's 'crown jewels'." By THERESA HITCHENSon May 21, 2020 at 5:50 PM WASHINGTON: A number of US allies may now join Space Command in the US military's baseline plan for protecting and defending satellites during war, Operation Olympic Defender, we hear, following in the footsteps of the first country to sign up, the United Kingdom. SPACECOM today announced its leader, Gen. Jay Raymond, has signed the first order under OOD in his capacity as head of the combatant command. OOD is the US military's operational plan for protecting and defending US and allied satellites in conflict. “This is a major milestone for the newly established command,” Raymond said. “As the threats in the space domain continue to evolve, it is important we leverage and synchronize capabilities with our allies not only to understand each other's national perspectives, but to work seamlessly together to optimize our multinational space efforts.” Strategic Command created OOD in 2013 as the foundational plan for how the military will protect and defend US and allied satellites in a conflict. As Breaking D readers know, OOD was updated in 2018 to open up allied participation. “The purpose of OOD is to strengthen allies' abilities to deter hostile acts in space, strengthen deterrence against hostile actors, and reduce the spread of debris orbiting the earth,” the SPACECOM release explains. OOD is only one of a number of operational plans for space war Raymond has been working on since SPACECOM was established as a geographic command with an area of responsibility (AOR) 100 kilometers above sea level and up to infinity. He told reporters yesterday that he last week inked the new “campaign plan” for SPACECOM's day-to-day operations; every Combatant Command has such a campaign plan; this will be SPACECOM's first. “That's our foundational plan, if you will,” Raymond explained, “that drives our day-to-day activities across the command of SPACECOM.” In addition, SPACECOM now has responsibility for developing, updating and enacting when the ball drops specialized contingency plans for space war, mapped to specific adversary countries. Former Secretary of Defense Ash Carter back in 2016 set the precedent, naming Russia, China, Iran and North Korea as the key strategic challengers to the US military. SPACECOM's announcement today also noted that the United Kingdom was the first ally to publicly acknowledge this past July its participation in OOD. London subsequently sent additional personnel to Combined Space Operations Center (CSpOC) and the 18th Space Control Squadron at Vandenberg AFB to support its decision, SPACECOM added. CSpOC is responsible for command and control of day-to-day space operations and includes allies representation. The 18th Space Control Squadron is responsible for space domain awareness operations. Up to now, many allies were leery of signing up due to the fact that space operations were being commanded by STRATCOM, which also oversees US nuclear war planning. Public opinion in many US allies, such as Germany and Italy, traditionally has been strongly anti-nuclear. It is not by chance that even the UK, which had joined OOD under STRATCOM's control, kept its participation silent until now. “Some of those same concerns were initially raised about having USSTRATCOM be the lead agency for signing SSA data sharing agreements with other countries,” noted Brian Weeden, head of program planning at Secure World Foundation and a former Air Force officer who worked on space situational awareness operations at STRATCOM. “But the hesitation to include allies in Olympic Defender was on our end as well,” Weeden added. “National security space is sort of the last bastion of America's “crown jewels” and there are a lot of people in that community who are very reluctant to open the kimono to our allies, even the allies who we've been deeply collaborating on intelligence sharing for decades.” DoD and expert sources say interest in participation in space war planning has increased not just because of SPACECOM's standup, but also because concerns about Russian and Chinese efforts to build up their military space capabilities. Indeed, NATO in December declared space an operational domain of joint allied action — albeit insisted that this does not mean NATO endorses space weaponization. France last summer adopted an aggressive space strategy, including pursuit of offensive anti-satellite weapons. Japan on May 19 announced its new Space Operations Squadron, under the Japanese Air-Self Defense Force, to monitor and protect Japanese satellites. For example, the number of countries signing SSA agreements with DoD has jumped to 25, with Peru signing a memorandum of understanding with SPACECOM just last week to gain access to data about space objects collected by the military's Space Surveillance Network of radar and optical telescopes, as well as data to help the country's satellites avoid on-orbit collisions. “This agreement will give Peru access to the highest quality satellite tracking data available to assist them with PerúSat-1 and its eventual follow-on and will provide a linkage to the experts at the 18th Space Control Squadron. In addition, the SSA Agreement enables Peru to request seven advanced services available only to agreement holders,” SPACECOM said in a May 12 announcement. Spain, France and Italy — all of which operate military satellites — have expressed interest in participating in OOD, we are told. Besides the UK, the other members of the so-called “Five Eyes” — Australia, Canada and New Zealand — who already shared intelligence with the US are expected to join in. Although Germany has been hesitant to be seen as pro-space weapons, Berlin has a sophisticated military space program and is unlikely to stay outside of operational planning if rival France joins in. Japan too can be expected to sign on, as it has been seeking myriad ways to be more active in partnering with the US military on space protection — including agreeing to host US military payloads on Japanese satellites. https://breakingdefense.com/2020/05/major-milestone-as-allies-join-spacecoms-war-plan

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