Federal Acquisition Streamlining Act | The Contracting Education Academy

September 24, 2018 By cs

Federal circuit court confirms agencies’ obligations to prioritize commercial solutions

Palantir USG v. United States may prove to be one of the most significant procurement precedents of the decade.

Affirming the Court of Federal Claims, the Federal Circuit breathed new life into the government’s obligations under the Federal Acquisition Streamlining Act (FASA) to prioritize, to the maximum extent practicable, the acquisition of commercial and nondevelopmental solutions.

Weaning agencies off their historic preference for developmental solutions is critical now more than ever, as it is readily apparent that maintaining the United States’ technological and battlefield superiority depends on its ability to harness technologies from the commercial sector and become a more commercial-friendly business partner.

The decision will have the practical impact of requiring agencies to more carefully document their market research. Palantir will also provide useful leverage for companies seeking to eliminate (whether by negotiation or protest) solicitation provisions that are not accommodating to commercial vendors.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=737610

August 9, 2017 By cs

Panel urges acquisition system reform

The 2016 National Defense Authorization Act (NDAA) established the Section 809 Panel to address fundamental problems with how the Defense Department acquires goods and services to support its warfighters.

**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. It’s 10 times bigger now.**

It recently released an interim report and supplement advocating in broad strokes for a host of improvements to the acquisition system to better streamline the process and increase industry offerings to the government.

In meeting with over 200 government and industry representatives, the interim report found that the acquisition system creates obstacles that make it unattractive for small and large businesses alike to offer their goods and services to the government. It explained that “the United States’ ability to maintain technological, military and economic superiority is being challenged,” as our adversaries are recognizing vulnerabilities in our forces and the ability to respond through modernization.

Thus, the Pentagon’s acquisition procedures must be improved to achieve “a degree of agility that DoD is not currently able to deliver,” it said.

To achieve this agility, the interim report recommended several improvements.

Keep reading this article at: http://www.nationaldefensemagazine.org/articles/2017/7/25/panel-urges-acquisition-system-reform

June 9, 2017 By cs

Congress sending mixed messages on Defense procurement

Think Bold. That’s the slogan of the so-called “Section 809 Panel,” a special commission created by Congress to review the full spate of federal (and defense-unique) acquisition laws, rules and practices.

The goal is to provide lawmakers with a set of recommendations for legislative or administrative redress that will help improve the speed and performance of the defense acquisition system and open its aperture to the full array of available capabilities.

At a recent but little noticed hearing before the House Armed Services Committee, panel chair Deirdre Lee and several of her fellow panelists made eminently clear the need for substantial change, stating outright that the current acquisition system is simply incapable of getting the job done. The pace and scope of technological developments, the changing nature of the requisite workforce, the dramatic shift in technology ownership and leadership, and the numerous regulatory and policy requirements that too often wall the government off from needed solutions were among the reasons the panelists were so unanimous in their belief that truly bold action is required. And that’s exactly what they promised their final report would deliver.

Keep reading this article at: http://www.govexec.com/excellence/promising-practices/2017/05/congress-sending-mixed-messages-defense-procurement/138203/

Palantir USG v. United States may prove to be one of the most significant procurement precedents of the decade.

The 2016 National Defense Authorization Act (NDAA) established the Section 809 Panel to address fundamental problems with how the Defense Department acquires goods and services to support its warfighters.

Think Bold. That’s the slogan of the so-called “Section 809 Panel,” a special commission created by Congress to review the full spate of federal (and defense-unique) acquisition laws, rules and practices.

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