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Re:Nelson testifies cost-plus contracts have been a “plague”... by Manuel_D on Wednesday May 04, 2022 @02:02PM (#31263789)
Cost plus contracts are well intentioned, but create perverse incentives. It's also a big issue in the defense industry. The idea is that a contract pays a company the cost of producing a product, plus N% for profit. Thus, profit is fixed and companies cant profit too much off public money.

But in practice, this means that in order to increase profit companies have to increase costs. If you're building a product and you can spend $10 million to build it efficiently or $20 million to build it inefficiently, it's actually beneficial to do the latter. It's disincentivizing cost reductions and incentivizing cost increases.

Re:Nelson testifies cost-plus contracts have been a “plague”... by efsavage on Wednesday May 04, 2022 @04:55PM (#31265752)
A better way to align incentives would be to have the bids specify fixed profits and a value engineering process. You bid $10m + $1m profit. The project baloons to a $20m project, you still make $1m. The project meets it's goals with a $5m budget, you get $1m and a percentage of the shortfall. It can still be gamed, but to a much lesser degree.

I worked on a 9-figure construction project and there were two full-time engineers specifically tasked with looking for ways to reduce the cost of the project, because it was essentially free money for the contractor. These two people generated millions in profit for the company.

https://www.fhwa.dot.gov/construction/cqit/vecp.cfm

Re:Nelson testifies cost-plus contracts have been a “plague”... by Retric on Wednesday May 04, 2022 @05:57PM (#31266377)
There are a lot of games you can play to make say rent look like a cost on a contract while another entity makes a profit from that rent. Worse you still have incentives to offload costs onto a contract. For example someone finishes an unrelated contract your might as well move them to a profit + contract rather than benching them or immediately laying them off.

In the end markets simply aren’t efficient without pricing information. If you can’t get someone to bid a fixed price you might as well keep in in house.

Re:Nelson testifies cost-plus contracts have been a “plague”... by krapht on Wednesday May 04, 2022 @06:23PM (#31266642)
Those games you play are a lot easier to deal with oversight-wise. I disagree with your conclusion. You're assuming in-house doesn't have the same perverse incentives. Also, pricing information can be impossible to discover. You often hear on HN how nobody can realistically estimate large software programs. Under that regime, what good is a firm fixed price contract? What'll happen is that the company, once it goes over-budget, will stop work and/or go bankrupt depending on the legal contract it signed. Then the client has no choice but to add more money into the pot - which suddenly sounds like a cost+ contract.
Re:Nelson testifies cost-plus contracts have been a “plague”... by Retric on Wednesday May 04, 2022 @06:53PM (#31266919)
I have worked on plenty of successful fixed price software projects. The simple reality is when you fix costs quality becomes the flexible metric, but meeting the minimum project goals becomes really important. However, considering how many software projects fail, reaching the agreed upon minimum at the agreed upon price is vastly better than what generally happens.

As to failing to finish a project the wonders of fixed price contracting is you can pay at completion of some milestone. Of course that means people need to pad the price even more ahead of time to assume that risk, but price becomes a really useful signal.

Re:Nelson testifies cost-plus contracts have been a “plague”... by magicalhippo on Wednesday May 04, 2022 @09:58PM (#31268471)
> I worked on a 9-figure construction project and there were two full-time engineers specifically tasked with looking for ways to reduce the cost of the project, because it was essentially free money for the contractor.

Semi-related story:

Way back I was a trainee for a company, which won a contract to upgrade the the branch servers for some other company, about 500 of them.

The on-site process involved copying over files from the old Unix server to a new NT4 server running Citrix, split maildir and home directory and set proper user-level permissions on each users home and mail directory.

The whole rollout was going on for just a few months, so we had tons of folks doing this in parallel at each site. During the first site I saw the manual our project team had created, and it specified us doing the copying and permission setting using Windows Explorer. To change the ACL that meant scrolling down to find the right abbreviated user name matching the directory name... fun when there was hundred employees at a branch.

I figured there had to be a better way, and started writing some batch scripts. After about a day I had automated the whole process, including sending a mail to our phones (the phone company had a service turning [email protected] into an SMS).

So I just launched the script, went for a 1-2 hour lunch until the phone beeped. Then I just had to go over the logs and verify there were no errors, and job done.

Back at base, I shared the scripts with my coworkers, which obviously loved not having to do the tedious process as specified.

It was only after the end of the project that I learned that the contract included a fixed rate of 3-5 days per site for one or two techs, depending on size. After all, changing all those permissions manually took a lot of time. After I wrote the scripts nobody used more than half a day...

Did I get any extra compensation for that? Of course not, and I was too young and shy to ask.

Oh well, lesson learned.

Re:Nelson testifies cost-plus contracts have been a “plague”... by myself248 on Thursday May 05, 2022 @01:47AM (#31269976)
Similar here:

Fresh out of high school, I worked for a telecom contractor, installing large cross-connect machines. (Think 20-30 racks of equipment, a few thousand DS3s worth of capacity, which in the late 1990s was a lot.) We'd do the physical install and some very basic continuity testing, then hand over the keys to the vendor's own tech who would "turn up" the machine, thoroughly testing it and making it ready for service, before finally handing it to the customer who would provision their actual traffic on it.

The turn-up procedure was documented in the manual and technically anyone could do it, it was just customary to have the vendor do it. And they charged handsomely for it, flying out a tech who would spend 2-3 weeks on site running through the procedure. It was quite a lot of manual work, adding and deleting connections throughout the whole range, and plugging a T-Berd tester into the patchbay to verify transmission of every single circuit. The tech was quite busy during those weeks.

My company decided (at a level way above me) that we were gonna try to get into this line of work. As the pimply-faced youth with some computer experience, I got tapped for it, and paired with a graybeard who had done something similar back in the 80s and had a sense of the lay of the land. The logic was that our first few jobs might not make us any money, but we'd get better, and anyway just saving the airfare would be a win.

The manual specified typing all the commands directly into the machine's (TL1) prompt, but I wanted to avoid typos, so I typed everything into Wordpad first and then pasted it into the prompt. Which meant I was creating a log of all the necessary commands, and I could search-and-replace various parts to advance through the range of valid circuits. Less typing, more pasting. By the end of our second day, we were screaming through the testing (still doing everything by the book, just typing an effective 500wpm and making zero typos) way faster than the vendor's tech ever did. Running back and forth with patch cords and T-Berds was the principal limit.

By the end of the first week, I had written a QBASIC program to obviate the search-and-replace, and just spit out bespoke commands for any given range, or for a whole machine at once if you wanted to feed it the whole config. The output was a many-thousand-line text file which you would then drip-feed to the machine while doing the needful with patch cords and your trusty T-berd. As long as nothing went wrong, it was literally just one long file-send with pauses for jogging across the office. And as our installers were very good, things rarely went wrong. (I did find out that the machine's input buffer was only a few hundred characters, thank goodness the terminal software had an inter-line paste delay!)

Our very first job came in at less than half the time we'd bid, and it only improved from there. After our third job, I believe, I went solo. I bought a pair of WPC11 cards and parked one laptop at the machine's console port, carried the other with me to the patchbay, and eliminated the running-back-and-forth time too. Wizardry! Laziness! Profit!

I proceeded to reverse-engineer quite a lot of that machine, finding undocumented debug interfaces that saved tons of time when things did go wrong, so we could avoid the blind combinatorics specified in the manual, and instead directly zero in on the errant signal. When things went smoothly, I was 3-5x faster than the vendor's own tech. When things went wrong, I was 10x faster.

Extra money? Nah. But I was having the time of my life.

Re:Nelson testifies cost-plus contracts have been a “plague”... by raverbashing on Thursday May 05, 2022 @03:01AM (#31270433)
Oh I just love when the right hand (of the vendor) doesn't talk to the left hand.

And/or some vendor "engineers" have a more "follow the book" and less initiative to make things better.

Re:Nelson testifies cost-plus contracts have been a “plague”... by bryanrasmussen on Wednesday May 04, 2022 @05:00PM (#31265797)
Good, but often people reduce costs by using lower quality supplies so that isn't necessarily foolproof either.
Re:Nelson testifies cost-plus contracts have been a “plague”... by throwawaylinux on Wednesday May 04, 2022 @07:55PM (#31267494)
They do that anyway. The evaluation process in the contract has to deal with that.
Re:Nelson testifies cost-plus contracts have been a “plague”... by bryanrasmussen on Thursday May 05, 2022 @02:34AM (#31270268)
I don't know, it just seems to me that having two engineers devoted to find ways that you can save money, whom, presumably also get rewarded by how much they save (this could just be a nice speech by someone but I think if you saved significant amounts maybe a bonus?) would inevitably lead to some situations where they realize that the grade of cement or something similar had not been specified for something and it probably means that, barring significant seismic events in an area that has a fault that has not done anything significant for a century, the thing being built would not need any repair for 45 years instead of 65.

Obviously this example is not a real world one as construction is not my area of expertise but I do think I have insights into mundane human mendacity. Then again I am also prone to cynicism.

Re:Nelson testifies cost-plus contracts have been a “plague”... by efsavage on Thursday May 05, 2022 @10:08AM (#31273531)
In the US, on large structural projects, things are generally well-specified, either by standard code, or long before the project goes to bid. The owner (usually another firm representing the government that's paying for it) and the contractor inspect and measure all the work done each day. There are undoubtedly going to be mistakes and corners cut, but that's what safety factors are for and it's hard for problems like that to be endemic without some serious corruption.

On a related note to using the wrong concrete, things like this can be an opportunity to see master craftspeople in their element. We had a truck of concrete show up and the foreman rejected it with almost no hesitation. "Why the f*&($ won't you sign on off this!?" the driver yelled. "It's smells wrong", said the foreman. Nobody else noticed anything amiss, but he was the boss, so the truck went back to the plant and sure enough, they'd mixed it wrong.

Re:Nelson testifies cost-plus contracts have been a “plague”... by throwaway2037 on Thursday May 05, 2022 @05:12AM (#31271201)
This is an interesting point. There have been a number of construction-related scandals in the last thirty years of building public housing estates in Hongkong. Either the contractor used weak cement, insufficient rebar, or didn't drive piles deep enough. The fact that they were not caught until the building was completed is terrible. It says the QA by gov't was seriously flawed. (It has since improved a lot!)

I think the offset is to have a mixture of QA/checkers and gov't regulators who are onsite checking things. With huge civil engineering projects, sometimes the gov't will hire a competing civil engineering firm just to be onsite checking the work. That balance probably works.

Re:Nelson testifies cost-plus contracts have been a “plague”... by Closi on Wednesday May 04, 2022 @06:18PM (#31266595)
All these approaches have plusses and minuses and their own risks. The risks with the approach you have described are that:

a) Unless very carefully managed, you can end up with contractors being incentivised to cut corners (i.e. We make more money if we buy the cheapest doors possible, regardless of if they only last a few weeks).

b) If contractors have fixed profits at their bid-price, they will have zero incentive to accept any change requests (unless they come with additional margin, in which case, overspends will magically turn into change requests).

Re:Nelson testifies cost-plus contracts have been a “plague”... by airstrike on Wednesday May 04, 2022 @06:46PM (#31266854)
If those doors are still built-to-spec, then shouldn't you be fine?
Re:Nelson testifies cost-plus contracts have been a “plague”... by larkost on Wednesday May 04, 2022 @07:43PM (#31267385)
This assumes that every relevant detail is speced out. In many projects you don't know exactly what something is going to look like at the end of the project, so over-spec'ing is just as much a problem.
Re:Nelson testifies cost-plus contracts have been a “plague”... by efsavage on Thursday May 05, 2022 @10:15AM (#31273628)
On the types of projects I mentioned, and I assume to an even greater degree for spaceships, the details are in the spec, which is stamped by an engineer. If you're installing a curb, all of the dimensions are there, the finish on each side, how far below ground it goes, what type of gravel goes under it, the mortar you use to set it, and it will say what kind of granite is specified. If you want to change any of that, you need to get approval (and probably won't).

This isn't software where you have hand-wavy goals written by people with no training and can refactor when your tests fail :)

Re:Nelson testifies cost-plus contracts have been a “plague”... by airstrike on Thursday May 05, 2022 @12:07PM (#31275132)
Every relevant detail should be speced out! The irrelevant stuff is irrelevant
Re:Nelson testifies cost-plus contracts have been a “plague”... by Closi on Thursday May 05, 2022 @01:35PM (#31276287)
In which case, why is it an open book contract?

If the specification is that precice, the best fit is usually a fixed price contract.

Typically open-book contracts is to account for uncertainty / flexibility / changes without having to raise endless CRs/WOs. Those fixed price contracts can still have gainshare mechanisms to identify joint cost saving.

Re:Nelson testifies cost-plus contracts have been a “plague”... by Closi on Thursday May 05, 2022 @02:48AM (#31270353)
If you can write a specification that detailed, you can just get a fixed price.
Re:Nelson testifies cost-plus contracts have been a “plague”... by Symmetry on Wednesday May 04, 2022 @03:11PM (#31264594)
In theory the regulating agency overseeing the cost plus contract is supposed to scrutinize the expenses of the overseen entity to prevent this. In practice just form a matter of program complexity this is hard to do. When you bring in politics it gets even worse, "You don't want to endanger our pilots by giving them any less than the most gold plated fighter jets, do you?" argue the defense lobbyists.

The worst example I can think of would probably be the nuclear industry where operators providing grid power on cost plus contracts teamed up with environmentalists after Three Mile Island to get laws passed insisting that nuclear power had to be as safe as possible regardless of cost, which turned into essentially a license to print money.

Re:Nelson testifies cost-plus contracts have been a “plague”... by ClumsyPilot on Wednesday May 04, 2022 @06:02PM (#31266428)
> In theory the regulating agency overseeing the cost plus contract is supposed to scrutinize the expenses of the overseen entity to prevent this

The entire point of getting the private sector is that their insentive should be to do it in the most efficient manner possible, and noone has to manage them - the inefficient ones just die out.

The second-best approach is to have the government manage the whole thing, where they have no real incentive to be efficient.

But what we have here is employing the private sector and incentivising them to be as inefficient as possible, and the government must still hire an army of accountants and experts to keep them in check. it's combines the worst aspects of both!

Re:Nelson testifies cost-plus contracts have been a “plague”... by rilezg on Wednesday May 04, 2022 @07:27PM (#31267194)
>The entire point of getting the private sector is that their incentive should be to do it in the most efficient manner possible

It seems like a common misconception that businesses do anything in 'the most efficient manner possible'. A business's incentive is to do things in 'the most profitable manner possible'. It happens that efficient and profitable have a lot of overlap, and business schools love case studies about eliminating inefficiencies, but in the real world it is often easier to boost profit thru marketing/client relations/lobbying than thru searching for possible inefficiencies.

Re:Nelson testifies cost-plus contracts have been a “plague”... by rtkwe on Wednesday May 04, 2022 @11:13PM (#31268959)
Plus once the contract is signed and you're a few years into the process there's not really any competition to speak of. Sure the govt could scrap the whole thing and go with another competitor, but in some industries there's effectively one option now for a particular thing and for larger projects like jets it's a decades long process to get to start building anything, and there are of course costs and delays associate with that because you have to start the same broken process over again. To top it all off the next contractor doesn't have much of an incentive to do things cheaply either because they're in the same broken system.
Re:Nelson testifies cost-plus contracts have been a “plague”... by krapht on Wednesday May 04, 2022 @06:32PM (#31266727)
For what it's worth, while on any single contract you might get bad behavior from a contractor, their reputation will matter when they go for a recompete or bid on a new contract vehicle.

Not all contracts are automatically won by the lowest-cost bidder. Yes, it allows corruption on the part of the person doing the hiring, but it's better than the alternative.

Re:Nelson testifies cost-plus contracts have been a “plague”... by astrange on Wednesday May 04, 2022 @06:57PM (#31266948)
In California, Tutor Perini seems to be famous for winning government construction contracts despite constant failures and unexpected price increases, because the law does require lowest bidder and doesn't allow ignoring low bids from known liars.
Re:Nelson testifies cost-plus contracts have been a “plague”... by lupire on Wednesday May 04, 2022 @09:58PM (#31268472)
Why hasn't the law changed to make bids binding?
Re:Nelson testifies cost-plus contracts have been a “plague”... by ClumsyPilot on Wednesday May 04, 2022 @08:26PM (#31267771)
> but it's better than the alternative

Which of many possible alternatives and how do you demonstrate that it's better on any of the areas where tradeoffs are made?

Having a government managed but privately delivered program, having a totally privatised program, having a completely government run program?

Having the private firm take on the risk instead of the taxpayer? having the risk split 50/50?

Re:Nelson testifies cost-plus contracts have been a “plague”... by themitigating on Wednesday May 04, 2022 @06:09PM (#31266500)
The government would have no reason to rip itself off as well unless there's corruption but that should be investigated.
Re:Nelson testifies cost-plus contracts have been a “plague”... by krapht on Wednesday May 04, 2022 @06:28PM (#31266684)
You must be somebody who's never had to remove an underperforming colleague on a public project.

What happens is that they get promoted to another team, or put on a project that has absolutely no future, and everyone knows it.

Why is it difficult to remove people? Because in the old days, newly elected executives would clear out the civil service and hire or contract with people that supported their election campaign.

Re:Nelson testifies cost-plus contracts have been a “plague”... by ClumsyPilot on Wednesday May 04, 2022 @09:01PM (#31268072)
Underperforming colleague is a different problem - the cost differences we are talking about here are not 50%, they are 5X, those only come from structural problems, not 'this one guy only works 5 hours a day"
Re:Nelson testifies cost-plus contracts have been a “plague”... by abathur on Wednesday May 04, 2022 @06:33PM (#31266740)
They wouldn't have a reason rip themselves off, but the decision-makers may not be well-incentivized to control cost (or might be incentivized to make "safe" choices over "smart" ones).

I have wondered if we could ~endow government agencies in a way that would let them fail, and do the same to spin up ~internal competitors when we feel like turning up competition/innovation.

But it's not something I have gamed out enough steps to feel confident about...

Re:Nelson testifies cost-plus contracts have been a “plague”... by andrekandre on Wednesday May 04, 2022 @08:18PM (#31267703)

  >  the private sector is that their insentive should be to do it in the most efficient manner possible
"efficiency" is a very overloaded term, and can also mean "got the most profit from the smallest input", and in that case, yes, they are being efficient, just not in the way the client expected
Re:Nelson testifies cost-plus contracts have been a “plague”... by dr_orpheus on Wednesday May 04, 2022 @02:11PM (#31263900)
Yes, the theory of cost-plus contracts is good. It is a way of saying "this is a new piece of technology with ill defined requirements and we need help developing it along the way." Theoretically, it allows for changes and adaptations in developments of technology. This is all in theory though and what proponents of cost-plus would say. It does suffer from some of the issues you have mentioned above. I think there is a time and a place for cost-plus but there is definitely move towards more fixed price contracts in civil and defense.

Becoming somewhat more common now is a hybrid approach of cost-plus/fixed. Contracts for development phases up to a certain milestone are set up as a cost plus contract and then production comes under a fixed price contract.

Re:Nelson testifies cost-plus contracts have been a “plague”... by tomatotomato37 on Wednesday May 04, 2022 @02:27PM (#31264104)
I wonder if some of the risks of cost-plus could be mitigated by associating it with industry average running costs rather than a per-project basis. So contractors would get a yearly payment with as long as they are making progress on a project, but any changes to the project are 1-to-1 with additional costs so there would be no benefit to either aggressive cost cutting or sandbagging expenses. Maybe also make it so profit would be rewarded at project completion in proportion to the running costs of however long the project took to prevent pointlessly lagging or rushing projects. Of course there would also have to be bullshit like opportunity cost compensation and shit because these companies are so profit-driven as to crash a project meant for the public good if it means more profit from interest on a 0.5% bank account
Re:Nelson testifies cost-plus contracts have been a “plague”... by klodolph on Wednesday May 04, 2022 @03:02PM (#31264490)
Cost-plus is supposed to be primarily for research and development, where the costs are highly variable to begin with.
Re:Nelson testifies cost-plus contracts have been a “plague”... by photochemsyn on Wednesday May 04, 2022 @03:26PM (#31264749)
One of the areas where this seems to have happened is at the NSA, which usually keeps its contracts very secret, but due to William Binney's whistleblowing, it was revealed that the inexpensive solution (ThinThread) was passed over in favor of the expensive solution (TrailBlazer).

https://whistleblower.org/whistleblower-profiles/thinthread-...

Part of the problem here is that the government actors selecting the contracts also want more money flowing through their agency, and they seem to get kickbacks in the form of 'retirement positions' with the very private contractors they're directing contracts to.

Re:Nelson testifies cost-plus contracts have been a “plague”... by avalys on Wednesday May 04, 2022 @06:41PM (#31266814)
This is why it's ridiculous that the US Affordable Care Act (Obamacare) "caps" profit for health insurers as a fraction of premiums collected. It provides a direct incentive for them to increase healthcare costs, absolutely the opposite of what government policy should be doing.
Re:Nelson testifies cost-plus contracts have been a “plague”... by hash872 on Wednesday May 04, 2022 @07:02PM (#31266992)
The issue is that without the caps, the insurance companies would be much more motivated to deny lots & lots of claims. Imagine you're a regular person with a middle-class income, you urgently need treatment and the insurance company algorithm says 'denied' because they're simply saying 'no' to x% of claims that week. What are your options? Litigation? Yes insurance companies have regulators, but the sheer scale of denials would start to overwhelm them. At a huge scale, this would degrade the quality of American healthcare even more. It would become normal for legitimate claims to be denied all the time.

Anyways, this was the explicit reasoning of the ACA drafters when they included the profit cap. Maybe they were wrong, but this was thought about & discussed a great deal at the time

Re:Nelson testifies cost-plus contracts have been a “plague”... by larkost on Wednesday May 04, 2022 @07:47PM (#31267423)
To give some color: there were a large number of (small) insurance companies that were paying less than 50% of their revenues in actual medical payments. In those cases most of the costs were in bonuses to the executives. This was a measure to kill of those (which it did). Now we are left with somehow controlling the excesses on the other side.
Re:Nelson testifies cost-plus contracts have been a “plague”... by maxerickson on Wednesday May 04, 2022 @10:17PM (#31268587)
They do potentially face competition (though there is one marketplace insurer operating in my area, so...).
Re:Nelson testifies cost-plus contracts have been a “plague”... by ChrisLomont on Wednesday May 04, 2022 @03:21PM (#31264701)
>It's disincentivizing cost reductions and incentivizing cost increases.

Competetive bids drive costrs down. The alternative to cost plus is? Not having fixed profit margins, in which case there is still incentives to increase costs.

In both cases the limit to costing is competition and the contracting side.

Another way to think of it is cost plus lowers costs by lowering risk. If the company were on the hook for uncertainty (which is the case on ANY project), then they would have to price that into the original proposal, as would their competitors, ensuring more costs to cover the risk.

By lowering risk to companies, it provides another avenue to lower costs. This happens in lots of markets - look at cost margins where there is volatility versus margins where there is predictability.

Re:Nelson testifies cost-plus contracts have been a “plague”... by zbrozek on Wednesday May 04, 2022 @03:45PM (#31264913)
Cost plus isn't used just at NASA. It's even more evil in other arenas, like electricity in California. Our regulators allow for a fixed profit margin for opex and a higher fixed profit margin for capex. This has the twin effects of running things to failure (and igniting the state) in order to avoid opex and instead claim capex, and also motivating as-high-as-possible costs for everything. No competitive bids are possible.
Re:Nelson testifies cost-plus contracts have been a “plague”... by jiggawatts on Wednesday May 04, 2022 @05:35PM (#31266140)
The same madness happens here in Australia too. Just recently I did an IT project for a local electric utility company and they were blowing $200K on firewalls for a system used by 10 people. Similarly they “upgraded” a perfectly good 10 Gbps fixed line to 200 Gbps for the same group of users. They can utilise maybe 1 Gbps on a busy day.

They also get a fixed profit ratio relative to capex. So they burn giant piles of money to get their percentage from the government…

Re:Nelson testifies cost-plus contracts have been a “plague”... by bcrl on Thursday May 05, 2022 @07:14PM (#31279398)
Electric companies tend to be regulated monopolies, and suffer from the same perverse incentives with models like being allowed a 10% profit. The more they spend replacing poles and building new pole lines, the bigger the profit the regulations allow.
Re:Nelson testifies cost-plus contracts have been a “plague”... by edmundsauto on Wednesday May 04, 2022 @03:43PM (#31264892)
This only works if the bids represent the same work, at the same quality, on the same delivery schedule, with the same feedback pathways and the same risk mitigations.

In other words, it is the “spherical cow” of contracting.

Re:Nelson testifies cost-plus contracts have been a “plague”... by ChrisLomont on Wednesday May 04, 2022 @04:39PM (#31265550)
>This only works if the bids represent the same work, at the same quality, on the same delivery schedule, with the same feedback pathways and the same risk mitigations.

Why would this possibly be true? Two groups can bid on the same project with different tradeoffs. Projects are complex, and there are zillions of tradeoffs to make a competitive bid. The group offering the project then evaluates the bids, often with multiple rounds of feedback.

And generally then these projects initially got to several competitors, with fewer getting follow-on work, causing them all to try really hard to deliver good work.

Future projects are always worth more than current projects, so only an idiot does bad or over-cost work often. Such groups eventually don't get more work.

I've worked on such bids for decades. Multiple groups bid, with a statement of work. The other side evaluates the bids. Cost plus simply allows groups, when bidding to not have to use larger multipliers to mitigate risk, since some of the risk goes to the offeror.

If you were running a company, and you had two ways to bid a contract, firm fixed price vs cost plus, which do you think provides less risk to you?

And how does a company account for risk?

Higher prices, end of story. This is simple economics.

It's why less risk results in smaller margins throughout pretty much all industries. It allows stable planning.

Re:Nelson testifies cost-plus contracts have been a “plague”... by ClumsyPilot on Wednesday May 04, 2022 @06:09PM (#31266503)
"And how does a company account for risk?

Higher prices, end of story. This is simple economics."

The job of the company is to manage risk of the project they are delivering, and let the ones that do it well win. What the hell is the point of private sector if the taxpayer pics up the tab every time something goes wrong?

I don't know what bids you dealt with, the ones I did looked nothing klike what you describe. For any non-mundane work, that's not like, paving a street, you low-ball the bid, deliver the bare minimum the paperwork allows and then keep milking the government for improvements because what you've delivered is not good enough.

If the bid is about new technology, the tradeoffs cannot be understood by non-experts, and are difficult to pinpoint even for experts. The expertiese required to access how good is the bid is the same as the expertiese needed to design the system -> if you have that expertiese on hand, you would not need to outsource the design.

The process is insanely time intensive, expensive, and difficult to navigate. Not because government is inefficient, but because taht's the nature of new technology.

> Future projects are always worth more than current projects, so only an idiot does bad or over-cost work often. Such groups eventually don't get more work.

In UK Capita get work again and again despite fucking it up all the time

Re:Nelson testifies cost-plus contracts have been a “plague”... by LegitShady on Wednesday May 04, 2022 @04:08PM (#31265177)
>The alternative to cost plus is?

Contracts where the contracting party agrees to a % of responsibility. When the project runs over the profit is reduced by the overrun * the percent responsibility.

Lets say the agreement has 25 million in profit and 40% responsibility. If the project runs over by $2m, the contractor eats $2m * .4 = $800k reduction in profit so now it's $24.2m.

Then they're actually incentivized to not have overruns.

Re:Nelson testifies cost-plus contracts have been a “plague”... by ChrisLomont on Wednesday May 04, 2022 @04:41PM (#31265583)
>Contracts where the contracting party agrees to a % of responsibility.

Except no big agency does this because it's a legal nightmare. The others (cost plus and firm fixed) are well explored.

>Then they're actually incentivized to not have overruns.

Everyone has incentives not to overrun - it means you're less likely to get future work, and future work is worth much more than overrunning current work.

Re:Nelson testifies cost-plus contracts have been a “plague”... by LegitShady on Wednesday May 04, 2022 @04:44PM (#31265622)
>Except no big agency does this because it's a legal nightmare.

agencies are starting to do it more and more often. It won't get explored if people are scared, but it will get explored if people actually want to fix the problems with procurement overruns.

>Everyone has incentives not to overrun

in cost plus your overrun often directly leads to you making more money. So no, not exactly.

>it means you're less likely to get future work, and future work is worth much more than overrunning current work.

Maybe, maybe not. Lots of things have few competitive bidders, or bidders who bid knowing they're going to make overruns and claims to make the contract profitable when their bid never was. it's often called 'buying the job' in other industries.

Re:Nelson testifies cost-plus contracts have been a “plague”... by downut on Wednesday May 04, 2022 @03:58PM (#31265043)
Wait till you find out about Red and Blue teams submitting bids from the same corporation. I sure loved being a small part of that.
Re:Nelson testifies cost-plus contracts have been a “plague”... by lumost on Wednesday May 04, 2022 @03:14PM (#31264631)
In R&D, incentivizing a private enterprise to spend more could be beneficial. Assuming the client (NASA) has some oversight this leads to more engineering freedom and an exploration of a larger design space, whereas fixed cost would incentivize racing towards the best solution as fast as possible.

Depending on program goals, both approaches have their place. However for projects like Artemis which tried to minimize R&D cost and save time through component re-use, the latter approach would clearly be better.

Re:Nelson testifies cost-plus contracts have been a “plague”... by colordrops on Wednesday May 04, 2022 @04:23PM (#31265366)
> Cost plus contracts are well intentioned

Are they though? If a casual layman internet reader can see the problem and see that they always get taken advantage of for profit, couldn't also the NASA officials and contractors signing these contracts? They know exactly what they are doing.

SpaceX signed non-cost plus contracts and delivered far more quickly and cheaply than the rest.

Re:Nelson testifies cost-plus contracts have been a “plague”... by travisporter on Wednesday May 04, 2022 @05:45PM (#31266256)
The problem is Congress tells NASA do this with this money this way. NASA has little flexibility. Recently with the CLPS program NASA flexed it’s muscle and it’s paying off so far.
Re:Nelson testifies cost-plus contracts have been a “plague”... by fatbird on Wednesday May 04, 2022 @02:47PM (#31264324)
You're leaving out a significant factor in cost-plus contracts in their favour: the buyer pays the actual cost, not the cost-plus-contingency that's built into fixed price contracts. It may not work out that way for the reasons you mention, but the problem of baking in risk costs to fixed priced bids returns. And in observing "how does the contractor increase profits", another issue with fixed price bids is that it encourages corner-cutting internally: anywhere the contractor can save money, it goes into their pocket, which can mean a lot of tissue-thin requirements fulfillment that goes wrong later.
Re:Nelson testifies cost-plus contracts have been a “plague”... by gabereiser on Wednesday May 04, 2022 @05:16PM (#31265969)
This has been my experience as well through contracts with the government.

To further this, there is also no incentive and funds to modernize an already existing product. If it was written in Java 6 using J2EE, it’s going to continue to be that until it dies.

Folks I worked with also didn’t care to up skill or learn new ways of doing things because the incentive wasn’t there. Their cost was fixed, their price was fixed, their profit was fixed. They will do the bare minimum to satisfy the contract.

Re:Nelson testifies cost-plus contracts have been a “plague”... by whiddershins on Wednesday May 04, 2022 @10:19PM (#31268596)
Doesn’t Obamacare essentially turn the entire healthcare industry in the United States into cost plus?
Re:Nelson testifies cost-plus contracts have been a “plague”... by r00fus on Thursday May 05, 2022 @01:24AM (#31269838)
No, the first move in that was "Medicare advantage" by GW Bush.
Re:Nelson testifies cost-plus contracts have been a “plague”... by nynx on Wednesday May 04, 2022 @02:21PM (#31264026)
There must be some way to structure contracts to allow for cost of developing new technologies yet incentivizes minimizing that cost.
Re:Nelson testifies cost-plus contracts have been a “plague”... by dr_orpheus on Wednesday May 04, 2022 @02:38PM (#31264212)
There are Fixed Price Incentive (FPI) contracts that try to address this. Instead of a single price for the contract as in an Firm Fixed Price (FFP) there is a "target" price at which the contractor will get some level of profit. Above that you set a cap on the total cost of a project that you are willing to pay, but the profit of the company goes down as you approach the cost cap. So contractors still have the incentive to minimize cost because if they get cost below the "target" price the contractor still gets that as profit.

However, people aren't usually a fan of them because it requires all of the overhead/audits of a cost-plus contract which typically minimizes how cost effective they can actually be at getting below the target price.

There are also some development-type projects where the government will fund a project, but still require some amount of funds (like 25%) to come from the contractor. But this is really early development type stuff. Basically it is a way to influence where a company is spending their R&D money. Its not really for any operational systems.

Re:Nelson testifies cost-plus contracts have been a “plague”... by Manuel_D on Wednesday May 04, 2022 @02:39PM (#31264228)
Ditch cost plus contracts and use taxes to curb companies that are just profiting off rent-seeking behavior (like sitting on patents). This was done during WWII, marginal tax rates were set to 100% to discourage war profiteering. Companies would still have an incentive to cut costs, to increase profits. But they'd then be incentivized to reinvest those profits because otherwise those profits would be greatly taxed. Granted, how you'd effectively target these taxes outside of unusual circumstances like a world war might be too complicated to be feasible.
Re:Nelson testifies cost-plus contracts have been a “plague”... by treeman79 on Wednesday May 04, 2022 @02:47PM (#31264320)
This is also the source of the weird health insurance is provided by companies came from. Paying for peoples medical care became an alternative way to compensate people more to avoid absurd taxes. Medical care used to be a lot cheaper so it wasn’t a big expense.
Re:Nelson testifies cost-plus contracts have been a “plague”... by bluGill on Wednesday May 04, 2022 @02:36PM (#31264197)
R&D is about managing risk. You can have more micro-managers to ensure that costs are minimized, but the cost of all that management can be more than the abuse of cost-plus (not to mention people hate being micro-manged)

The only good answer I've heard is for the agency to have enough technical experts that they can spot bad things. However that means the government needs to develop technical experts.

Re:Nelson testifies cost-plus contracts have been a “plague”... by kitsunesoba on Wednesday May 04, 2022 @02:46PM (#31264310)
> The only good answer I've heard is for the agency to have enough technical experts that they can spot bad things. However that means the government needs to develop technical experts.

It's probably beneficial for the contracted company to have technically inclined individuals in leadership too, ranging all the way from the lowest levels up through CEO. Engineering-minded management is much more likely to spot potential troublemakers and risks for runaway costs in the planning phases where someone with a background in management or finance is more likely to fudge things and say "yes we can do this at X unrealistic low cost" just to win a bid. They're also less likely to make bad calls on how to fix budget problems that crop up midway through the contract.

Re:Nelson testifies cost-plus contracts have been a “plague”... by chmod775 on Wednesday May 04, 2022 @03:16PM (#31264650)
> There must be some way to structure contracts to allow for cost of developing new technologies

Make companies evaluate and eat the risk by allowing them to set the fixed price...

> yet incentivizes minimizing that cost.

... where they are bidding on the contract against other companies.

This only works if you have a market with multiple players, which is possibly the main reason NASA is more heavily leaning towards fixed-price contracts now.

Re:Nelson testifies cost-plus contracts have been a “plague”... by BurningFrog on Wednesday May 04, 2022 @03:13PM (#31264615)
One simple way is to pay a fixed sum as profit, not a percentage of costs.
Re:Nelson testifies cost-plus contracts have been a “plague”... by andrekandre on Wednesday May 04, 2022 @08:32PM (#31267825)
minimizing total cost yes, but bidding wars on contract by contract leads to bad outcomes because the incentive is against doing the what is needed until its too late

its better to have trusted suppliers and relationships that lead to long term waste (cost) reductions and quality output (you know your client and your client knows you)

deming said it better than i can: https://deming.org/minimize-total-cost/

Re:Nelson testifies cost-plus contracts have been a “plague”... by treeman79 on Wednesday May 04, 2022 @02:45PM (#31264295)
This is also where free markets shine. If someone is making absurd profits building in-efficient widgets. It won’t be that long before other people get the idea to make that same widget for less or better quality or both.

But first company will then go out of business or become efficient.

Survival of the fittest evolution style for business.

Re:Nelson testifies cost-plus contracts have been a “plague”... by x86_64Ubuntu on Wednesday May 04, 2022 @03:17PM (#31264658)
This assumes that there are no intellectual property encumberances held by the old company, and that the barrier to entry isn't terribly high. And no one with a budget and a deadline is going to wait for one company to go out of business so they can get it cheaper.
Re:Nelson testifies cost-plus contracts have been a “plague”... by ipaddr on Wednesday May 04, 2022 @04:14PM (#31265258)
The first company has first movers advantage which lets them signs exclusive deals and builds a regulatory moat plus gains brand awareness.

The new company may be cheaper or have better quality but that isn't an automatic win. The second company needs more money or an event to superseed the first story.

Re:Nelson testifies cost-plus contracts have been a “plague”... by cryptonector on Wednesday May 04, 2022 @09:01PM (#31268074)
> Cost plus contracts are well intentioned

For some definition of well intentioned!