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March 28, 2018 By cs

When it comes to bid protests, Section 809 panel should follow data

The Section 809 Panel released its first of three reports in January aimed at improving and streamlining Defense Department acquisition across the government. The initial report was well-received for good reason. Through a careful analysis, it recommended bold and much-needed reform to the regulations underpinning everything DoD buys.

These recommendations ranged from reducing the regulations that encumber contracts for commercial products and services to making DoD’s treatment of contractors’ intellectual property more consistent with the commercial marketplace.

For the uninitiated, the Section 809 Panel, whose members were appointed by DoD and represent experts across the government contracting field, derives its name from the section in the 2016 National Defense Authorization (NDAA) that created the panel. Among the panel’s mandates is to streamline the acquisition process while protecting “the best interests of the Department of Defense.”

It is no secret that the Section 809 Panel also is looking at the bid protest system as part of its mandate. And it is also no secret that DoD takes a dim view of the current bid protest system. It is not a stretch to believe that, in DoD’s view, significant changes to protests would be in its “best interest.”

Keep reading this article at: https://federalnewsradio.com/commentary/2018/03/when-it-comes-to-bid-protests-section-809-panel-should-follow-data/

Filed Under: Government Contracting News Tagged With: award protest, bid protest, DoD, GAO, RAND, Section 809 Panel

March 26, 2018 By cs

Riding the acquisition innovation avalanche

You know a transformation is afoot when the Navy chooses as its acquisition chief a man known as “Hondo,” who is famous for an Iron Man exoskeleton project and a “Thunderdrone” UAV tournament.

Assistant Secretary of the Navy for Research, Development and Acquisition James “Hondo” Geurts is the father of SOFWERX, the U.S. Special Forces Command’s technology incubator, where the super suit and the drone coliseum are housed. SOFWERX is dedicated to fomenting creative collisions among divergent thinkers, and Geurts is the personification of the most expansive explosion of innovative in federal acquisition in a quarter century.

As Geurts often says, we are in the Age of Surprise. Timelines are shorter. The technology gap between the United States and its adversaries is disappearing.

Keep reading this article at: http://www.govexec.com/excellence/promising-practices/2018/03/riding-acquisition-innovation-avalanche/146745/

Filed Under: Government Contracting News Tagged With: acquisition reform, advanced technology, AT&L, DHS, DIUx, DoD, GSA, HHS, innovation, Navy, NDAA, OFPP, OMB, OTA, procurement reform, Section 809 Panel, SOFWERX

February 15, 2018 By cs

Here are highlights from DoD acquisition panel’s 1st report

In 2016, Congress instructed the U.S. Department of Defense to convene a panel of procurement professionals from government and industry to review the regulations governing DoD procurements. The “Section 809 panel” was instructed to recommend “amendment or repeal” of defense procurement regulations “with a view toward streamlining and improving the efficiency and effectiveness of the defense acquisition process and maintaining defense technology advantage.”

On Jan. 31, 2018, the 809 panel issued the first volume of its much-anticipated final report, setting forth 73 discrete recommendations to Congress for procurement reform.  Volume two of the report is due in June of 2018, and volume three is due in January of 2019. This first volume addresses, among other topics:

  • Commercial buying;
  • Contract compliance and audit; and
  • Small business goals.

Weighing in at nearly 650 pages, the report has a lot to offer, and in places proceeds well beyond the limited remit of “amendment or repeal” of existing regulations, proposing major reforms and revisions that would require significant new law and rulemaking to implement. The law that established the 809 panel did not require Congress or the DoD to adopt its recommendations, but the full three-volume report represents an attempt to define the terms of the debate over procurement reform, and is intended to feed into Congress’ deliberations over the 2019 National Defense Authorization Act. This article aims to give a brief summary of the report’s tone and contents.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=670692

Filed Under: Government Contracting News Tagged With: acquisition reform, audit, commercial products, DoD, NDAA, procurement reform, Section 809 Panel, small business

February 8, 2018 By cs

Expert panel takes first crack at reforming DoD acquisition system

The advisory panel Congress established to help streamline the Defense Department’s acquisition system said last week that DoD should be allowed to eliminate more than a dozen different legally-mandated offices and positions within its bureaucracy, cease the annual publication of at least 20 reports to Congress that are of questionable value, and repeal 165 government-unique contract requirements as some of the first steps toward bringing more agility to the department’s procurement of goods and services.
Starting in 2008, whenever new legislation or regulation debuted that affected government contracting, it was written on a band-aid and stuck to a golf ball.

The suggestions were among a sweeping set of recommendations the group of experts, known as the Section 809 Panel, made in the first volume of its final report following more than a year of study, public testimony and private interviews with government and industry personnel. It intends to send Congress two additional volumes within the next year.

The panel emphasized that removing the statutory requirement for certain DoD offices wouldn’t necessarily eliminate them, but would give the Secretary of Defense the ability to reorganize the department as he or she sees fit. Some of the organizations the report targets for potential elimination: the Office of Corrosion Policy and Oversight, the Office of Technology Transition and the the office of Performance Assessment and Root Cause Analysis along with the executive agent for printed circuit boards and small business advocates within each of DoD’s audit agencies.

Keep reading this article at: https://federalnewsradio.com/defense-main/2018/02/expert-panel-takes-first-crack-at-reforming-dod-acquisition-system/

Filed Under: Government Contracting News Tagged With: acquisition reform, procurement reform, Section 809 Panel

January 3, 2018 By cs

‘That’s the worst!’ — Acquisition regulations we love to hate

The sheer number of laws, regulations, and policies that apply to the defense acquisition process is staggering.

The Federal Acquisition Regulation (FAR), which governs how the federal government buys goods and services, is a 2,000-page document. On top of that is the 1,500-page Defense Federal Acquisition Regulation Supplement (DFARS), which applies specifically to purchases by the Department of Defense (DoD). In addition to all those regulations are federal statutes and DoD internal policies that govern the acquisition process. For contracting officers, that means determining the applicability of hundreds of regulations, in addition to hundreds of laws and policies, to make a purchase.

Many of these laws, regulations, and policies are outdated, but no one has taken the time to remove or update them. According to a 2017 analysis by Deloitte, over two-thirds of all federal regulations on the books have never been updated since they were created. While each outdated regulation alone may not be a significant problem, in the aggregate those regulations can pose an enormous administrative burden. Many in the defense acquisition workforce have argued that assessing and complying with the large number of regulations slows down the acquisition process, wasting time, money, and energy that could be better spent elsewhere.  Additionally, the complexity and cost of compliance creates a barrier to entry for small businesses that may wish to engage in business with DoD but cannot afford the lawyers and compliance officers necessary for the job.

Keep reading this article at: https://www.federaltimes.com/acquisition/regulations/2017/12/18/thats-the-worst-acquisition-regulations-we-love-to-hate/

Filed Under: Government Contracting News Tagged With: 50 Worst!, acquisition workforce, DFARS, DoD, FAR, Federal Acquisition Regulation, federal regulations, NDAA, regulatory reform, Section 809 Panel, small business

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