Mr. President, I ask unanimous consent to speak as in morning business for 10 minutes and that the time be counted against the bill. Mr. President, 4 months ago when the Air Force announced that Airbus, not Boeing, would supply the next…
Mr. President, I ask unanimous consent to speak as in morning business for 10 minutes and that the time be counted against the bill.
Mr. President, 4 months ago when the Air Force announced that Airbus, not Boeing, would supply the next generation of aerial refueling tankers, Air Force acquisition officials declared that the contest had been fair, open, and transparent. They said they made no mistakes, and they boasted that the decision could withstand any level of scrutiny.
The Government Accountability Office called all of that into question in a 67-page decision that shows the Air Force competition was unfairly skewed toward Airbus from the very beginning.
The decision, responding to Boeing's protest of the Air Force competition, was damning. The GAO described the contest as ``unreasonable,'' ``improper,'' and ``misleading.'' It found that the Air Force significantly overestimated the cost of the Boeing tanker, that it misled Boeing while helping Airbus, and that the Air Force selected Airbus even though the company failed to meet key requirements of the contract. It concluded that:
But for these errors, we believe that Boeing would have had
a substantial chance of being selected for the award.
It is unclear at this point whether those errors were due to incompetence or to impropriety. But one thing is definite: This contest was anything but fair or transparent.
I want to know how the Air Force got this so wrong. I have already asked for a meeting with Defense Secretary Gates so he can tell me how the Pentagon plans to respond. I will make it clear that the Air Force cannot go forward with this contract and that I expect it to follow the GAO's recommendations. The Air Force must return to the original request for the proposal, rebid the contract, and get this right.
The difference between what the Air Force said about the acquisition process and the GAO's findings are startling.
On February 29, Sue Payton, who is the Air Force's Assistant Secretary for Acquisition, said at a DOD news briefing:
We have been extremely open and transparent. We have had a
very thorough review of what we're doing. We've got it
nailed.
A week later, she told the House Appropriations Subcommittee on Defense:
The Air Force followed a carefully structured source
selection process, designed to provide transparency, maintain
integrity, and ensure a fair competition.
And throughout the last 4 months, Air Force officials have insisted that they selected the cheapest plane that best met their criteria and that they made no mistakes.
The GAO's decision paints a very different picture of the contest and, as I said, it raises serious questions about how the Air Force conducted this competition. The GAO found the Air Force made a number of errors that unfairly helped Airbus and hurt Boeing. The GAO found that the Air Force changed direction midstream about which criteria were more important. It did not give Boeing credit for providing a more capable plane according to the Air Force description of what it wanted. Yet it gave Airbus extra credit for offering amenities for which it did not even ask.
The GAO found that the Air Force ``treated the firms unequally'' by helping Airbus at Boeing's expense. The GAO found that the Air Force misled Boeing about whether it had fully met the requirements in the RFP, all the while keeping up conversations with Airbus and giving it the correct information.
The GAO said the Air Force deliberately and unreasonably increased Boeing's estimated costs. When the mistake was corrected, it was discovered that the Airbus A330 actually cost tens of millions of dollars more than the Boeing 767. The GAO said the Air Force accepted Airbus's proposals, even though Airbus could not meet two key contract requirements. First, Airbus refused to provide long-term maintenance, as was specified in the RFP, even after the Air Force asked for it repeatedly. Second, the Air Force could not provide that Airbus could refuel all of the military's aircraft according to procedure.
Let me say that again. The Air Force selected the Airbus A330 even though Airbus refused to agree to a key term in the contract and even though the Air Force failed to show that the A330 was even capable of refueling our military's aircraft by the books.
These are serious findings. No matter how one looks at it, this competition was anything but transparent. Even though the Air Force declared its contest was fair, it appears it had its thumb on the scales for Airbus all along.
But the last findings could be the most damaging of all of them. If Airbus cannot actually prove its tanker can do the job or that it will fulfill its obligations, how can it possibly be awarded that contract?
Today the Air Force is contemplating what to do next. As I said, I think the answer is clear. This contract should be rebid. I agree with those who have said we need to get these planes into the hands of our air men and women as fast as possible. I represent Fairchild Air Force Base in Washington State. Those air men and women fly those refueling tankers. I know how important this decision is to them.
This was not an acceptable acquisition process, and it would be unconscionable to go forward with this selection without first addressing the questions that were raised by the GAO's decision. In order to do that, we must have a competition that is not overshadowed by questions of ethics or competence, and we have to get the right plane.
These tankers we are talking about refuel planes and aircraft from every single branch of our military. They are the backbone of our global military strength. We need a competition where the criteria are clear, where the participants can earn credit that is spelled out in the contract and there is no extra credit that is awarded unfairly, and we need a fair evaluation of all the costs.
We need to go back and start with a clean slate, hold a truly transparent competition that does our air men and women justice. That is what our American taxpayers expect, and our American servicemembers deserve nothing less.
I yield the floor. I suggest the absence of a quorum.
``Mr. President, let us vote for the 49th star in the flag.'' Those were the words from the great Senator from the State of Washington, Warren Magnuson, spoken on this floor in 1958, just before this body finally agreed to make Alaska one of the United States.
Today, I am very pleased to join our colleagues from the north in Alaska to say a warm congratulations to the people of Alaska on this 50th anniversary of their statehood. Alaska's statehood, as you heard, was controversial a half century ago. But I think time has proven that the United States is a greater Nation thanks to the Land of the Midnight Sun.
As Senator Murkowski has said, Washington State's Senators, Warren Magnuson and Henry Jackson, were some of Alaska's greatest friends. Their advocacy helped to sway this Senate that Alaskans were ready to join the Union. Today I want to give you a flavor of that debate at the time and their role in it.
Back in 1958, Alaska's statehood had already been an issue for 42 years, and legislation to make it a State had been introduced in every Congress since 1943.
As Senator Jackson said in one speech that led up to that final vote that Congress had held 11 hearings, two of them in Alaska, and others here in Washington, DC. And more than 4,000 pages of testimony had been published.
``It was time to put the issue to rest,'' he argued, and I quote:
There can be no doubt that the record is complete. Our
objective is statehood. It can be achieved now.
Those were the words of Senator Jackson back then. And as the debate continued, Senators Magnuson and Jackson were confident that Alaska was ready.
Senator Magnuson argued that with 180,000 citizens, Alaska had more residents than Missouri, Kansas, Arkansas, Alabama, Nevada, Idaho, and 21 other States when they were admitted into the Union. He pointed out to this body that Alaska was strategically located between the United States and the Soviet Union and that it was home to two important military bases at the time right when the Cold War was escalating.
He dismissed the argument that Alaska could not support itself as a State because that argument had not held up when it was used for his own State of Washington.
He said:
Alaskans feel confident that they can lick this problem as
they have met and solved others. I say, we should give them
that opportunity.
So in Senator Magnuson's mind, the controversy was very similar to a family argument about whether a child was ready to leave home. He said:
These United States, like fearful parents, can waver
further in indecision, and allow our lack of confidence to
undermine Alaskans and say, ``You will be ready for statehood
someday, but not now.'' Or we can be proud of Alaskans'
determination to strike out for their true independence
through their own real self government.
``The United States should follow through the second course,'' Magnuson said.
He said:
The territory feels entitled to sit and deliberate with
us--be one of us. Alaska wants to work out her own future,
just as each of the other 48 partners in our nation have been
allowed to do. Alaska's hopes, aspirations, and quiet self-
confidence are understandable. She knows that her resources,
her people, and their combined potential spell a brilliant
future.
Alaska has sat impatiently in the anteroom of history for
42 years. Alaska should be a State.
I am very proud of the role Washington's two Senators played in this debate at the time. Alaska's road to statehood was long and it was hard. But Alaskans are some of the toughest people around. They fought for their rights. They did not give up. And they prevailed.
So as they celebrate across their State I wish them a happy and a successful future. I want to close by once more quoting Senator Magnuson's words to the people of Alaska.
He said:
We approve and commend your vision, understand and believe
your hopes, know that your mission and goal can and will be
reached, so good luck and godspeed.