Congress finds a third option in the tanker battle
For
the duration of the battle over the Air Force's replacement of their
aging refueling tanker fleet between Boeing and Northrop Grumman/EADS,
Congress has had two options:
- Let the process run its course while complaining or complimenting loudly about the outcome; or
- Intervene in the process to alter the outcome and risk the label of meddling.
An accusation of meddling is a serious one. Though Congress routinely earmarks unnecessary military equipment, it's usually "small" procurements.
Given
the size of the tanker contract, and the precedent it would set,
Congress would open itself up to a great deal of criticism if
procurement decisions this large were blatantly done this politically.
The potential of this has created one of the best soundbites of the
conflict so far, with Northrop Grumman calling Congressional action to
give the contract to Boeing "a $35 billion earmark".
Northrop Grumman has been able to keep Congress in check with this messaging. However the newly released GAO report
cites enough errors with the procurement process that Congress now has
a third option: they can demand a rebid without strings. Legislation
introduced in Congress has demanded a tanker rebid with a series of constraints on the selection process that would all but give the contract to Boeing.
This
is over-reaching on the part of Congress, and subject to the earmark
accusation. Now that the GAO has done the hard work of finding fault
with the Air Force, all Congress really has to do is simply demand a
"do over", with no strings attached, and Boeing is in a better position
to win. A "rebid" even by the same process will give Boeing the second
shot they so desperately want, without Congress having to sully itself
with the machinations of politically tinkering with the actual
procurement process criteria.
Since the Air Force can't or won't
just give the contract to Boeing, and they can't seem to proceed
politically with the contract as it stands, a rebid with the
recommendations of the GAO in mind is the most likely outcome.
Congress may push it along with a threat of the "Tanker Recompete Act",
but simply the threat of such legislation and the appearance of
unfairness should be sufficient to force a rebid.
As I mentioned last week, a rebid seems a very likely next step for Northrop Grumman/EADS
to prepare for, and they should have been preparing messaging for that
for the last few weeks showing that the outcome to be the same result.
They have been saying for months now that the Air Force needs these
planes immediately, but that messaging hasn't seem to get much
traction.
With Congress distracted by the holiday and the
November elections, not much will happen in the next few weeks, but
this is the kind of issue that you can see someone wanting to bring to
a higher profile because protectionist rhetoric looks good during an
election.



their living practicing persuasion are trying to define the Internet's
role in the Democratic primary. I have been at this since 1992 and I'm
always hearing people talk about waiting for the Internet's
Kennedy-Nixon moment. Nixon's inability to understand the impact of
television, and Kennedy's ability to play to it, is considered a
pivotal moment in that election and in the history of politics. There
are many pundits talking about how video helped sink Senator Clinton's
nomination.
in an age when he appears to be exactly the right candidate for the
outcry of the electorate, and the newest medium at hand has allowed
that advantage to reach much farther than it otherwise would have.
But it didn't cost Senator Clinton the nomination, her campaign did
that themselves.