The Thinker

How failed: the programmatic aspects

(Also read parts 1, 3 and 4.)

I am getting some feedback: isn’t really a failure. People are using the website to get health insurance, albeit not without considerable hassle at times. I’ll grant you that. I’ll also grant you that this was a heck of a technical challenge, the sort I would have gladly taken a pass on, even for ten times my salary. It’s a failure in that it failed to measure up to its expectations. President Obama said there would be “glitches”, but these were far more than glitches. If this were a class project, a very generous professor might give it a D. I’d give it a D-, and that’s only then after a few beers. Since I don’t drink to imbibe, I give it an F.

In the last post, I looked at the political mistakes that were made. Today I’ll look at the programmatic mistakes. I’m talking about how in general the program was managed.

Some of it is probably not the fault of the program or project manager. This is because they were following the law, or at least regulation. And to follow the law you have to follow the FAR, i.e. the Federal Acquisition Regulation. It’s the rules for buying stuff in the federal government, including contracted services. Violating the FAR can put you in prison, which is why any project of more than tiny size has a contracting officer assigned to it. In general, the government wants to get good value when it makes a purchase. Value usually but does not always translate into lowest price. With some exceptions, the government considers having contractors construct a national portal for acquiring health care to be the same as building a bridge. Put out the requirements for an open bid and select the cheapest source. Do this and taxpayers will rejoice.

This contract had a lot of uncertainty, which meant it had red flags. The uncertainty was manifested in many areas, but certainly demonstrated in requirements that were not locked down until this year. I’d not want to waste my time coding something that I might have to recode because the requirements changed. This uncertainty was reflected in how the contract was bid. It’s hard to bid it as a fixed price contract when you don’t know exactly what you are building. If you were building a house where every day the owner was directing changes to the design you wouldn’t expect builders to do it using a fixed price contract. Same thing here. It appears the contract was largely solicited as “time and materials”. This accounts in part for total costs, which at the moment are approaching half a billion dollars. This kind of work tends to be expensive by its nature. CGI Federal probably had the lowest cost per hour, which let it win the bid.

There is some flexibility in choosing a contractor based on their experience constructing things a lot like what you want built. CGI Federal is a big, honking contractor that gets a lot of its business in government contracts. Like most of these firms, it has had its share of failures.  A system of the size of is a special animal. I am not sure that any of the typical prime contractors in the government software space were qualified to build something like this, at least not if you wanted it done right.

There is some flexibility allowed in the statement of work (SOW), generally put together by the program manager with help from a lot of others. I don’t know precisely what rules applied to the contracting process here, but it is likely, probably by expending a lot of political capital, to create SOW that would have properly framed the contracting process so something actually usable could be constructed. A proper SOW should have included criteria for the contractor like:

  • Demonstrated experience successfully creating and managing very large, multi-vendor software projects on time that meet requirements that change late in the system life cycle
  • Demonstrated ability to construct interactive web-based software systems capable of scaling seamlessly on demand and interacting quickly with disparate data sources supplied by third parties

The right SOW would have excluded a lot of vendors, including probably CGI Federal but very possibly some of the big players in this game like Unisys, IBM and Northrop Grumman. Yes, many of these vendors have built pretty big systems, but they often come with records that are spotted at best, but whose mistakes are often overlooked. Until recently I used a Northrop Grumman system for my federal travel. They did build it, but not successfully. For more than a year the system was painfully slow and the user interface truly sucked.

Successfully building a system of this type, which was highly usable upon initial deployment, should qualify that contractor to bid on this work. Offhand I don’t know who would qualify. I do know whom I would have wanted to do the work: They know how to create large interactive and usable websites that scale on demand. Granted even Amazon Web Services is not perfect, with occasional outages of its cloud network, but we’re talking a hassle factor of maybe .1% compared to what users have experienced with They used to do this for other retailers but may have gotten out of that business. I would have appealed to their patriotic senses, if they had any, to get them to bid on this work. In any event, even if they had bid they did not get the contract. So there was a serious problem either with the SOW or the “one size fits all” federal contracting regulations the doubtlessly very serious contracting officer for this project followed.

The size of this project though really made building it in-house not an option. So a board consisting of the best in-house web talent and program management talent in the government should have overseen it. Others have noted that the team that constructed President Obama’s websites, used to win two elections, would have been great in this role. In any event, the project needed this kind of panel from the moment the statement of work (SOW) was put together through the life of the project, and that includes post deployment.

Probably what they would have told those in charge was things they did not want to hear, but should have heard. The project should be delivered incrementally, not all at once. It should not be deadline driven. Given the constantly changing requirements, risk management strategies should have been utilized throughout. When I talk about architectural and technical mistakes in future posts, I’ll get into some of these.

In short, this project was a very different animal: highly visible, highly risky, with requirements hard to lock down and with technical assumptions (like most states would build their own exchanges) far off the mark. You cannot build a system like this successfully and meet every rule in the FAR. It needed waivers from senior leaders in the administration to do it in a way that would actually work in the 21st century, rather than to follow contracting procedure modeled on the spendthrift acquisition of commodities like toilet paper. An exception might even have been needed to have been written into the ACA bill that became law.

Next: architectural mistakes.


One Response to “How failed: the programmatic aspects”

  1. 11:19 pm on October 23 2013, Ginger said:

    Oh Mark! Thank you for this! It is so nice to get an explanation from someone who knows what they’re talking about! I can’t even imagine what kind of undertaking something like that site would be, but I’m savvy enough to understand it would be like trying to swim thru’ concrete! Thanks again for stepping us thru’ it!

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