Section 809 Panel | The Contracting Education Academy

February 28, 2019 By AMK

Expectations following the Section 809 Panel’s 3rd volume of acquisition policy reforms

The Section 809 Panel recently concluded its monumental analysis of defense acquisition law and regulations and released its third volume of recommended changes. The Panel’s work stands out from previous acquisition reform efforts with the appendices of detailed legislative and regulatory changes that accompany the commissioners’ analysis and recommendations.

Given the scope of the Panel’s work, few believe that Congress or the Department of Defense (DoD) will — or even could — simply adopt the recommendations in full. Legislative bandwidth for additional acquisition reform is finite, and some of the Panel’s recommendations will prompt robust debate. In this post, we analyze some of the recommendations that government contractors should follow most closely. We highlight key issues and address the political dynamics involved in enacting them.

Background

The Section 809 Panel, established by Congress in Section 809 of the FY2017 National Defense Authorization Act (“NDAA”) to address issues with Defense acquisition policies, recently released the third and final volume of its report. Volume III contains 58 recommendations for how to reform the way DoD purchases commercial products, manages acquisition programs, trains its acquisition workforce, adjudicates contract disputes, and communicates with industry, among other issues. On February 13, Covington and the National Defense Industrial Association convened and hosted an Industry Day, during which members of the Panel and leading acquisitions experts discussed the findings.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/02/final-report-expectations-following-section-809-panels-third-volume-acquisition-policy-reforms/

February 18, 2019 By AMK

Section 809 Panel issues summary report of 98 recommendations

Congress, through 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. The resulting softball-size set of rules was the focus of the Section 809 Panel.

The Section 809 Panel was charged with reviewing the acquisition regulations and statutes applicable to DoD with a view toward streamlining and improving the efficiency and effectiveness of the defense acquisition process.

Congress expected the Panel to make recommendations for the amendment or repeal of regulations and statutes. In May 2017, the Panel issued an interim report 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. Next, in January 2018, the Panel issued the first it what would become a three volume report.

In the first volume, the Panel focused on developing what it called a new “dynamic marketplace framework” to respond to the Panel’s research which showed that the current acquisition process is an “obstacle to DoD’s ability to access a marketplace that has moved far beyond the traditional defense industrial base of the Cold War era.”

In its second volume, issued in June 2018, the Panel focused its attention on improving DoD’s existing “over-managed system” to more readily meet warfighter needs. The report identified improvements needed in the acquisition workforce, source selection, cost accounting, and contracting for services.

The third volume of analysis and recommendations was released last month (January 2019). It contained 58 recommendations (and associated sub-recommendations) which added to the 40 previous recommendations (and sub-recommendations) contained in volumes one and two.

The Panel’s latest work product was issued on February 14, 2019. It is a summary report that breaks-out all 98 recommendations into four categories:

Leverage the Dynamic Marketplace
Allocate Resources Effectively
Enable the Workforce
Simplify Acquisition

The Section 809 Panel’s summary report can be downloaded at: https://section809panel.org/wp-content/uploads/2019/02/Sec809Panel_Roadmap_2019-02-14_web.pdf

February 10, 2019 By AMK

Section 809 Panel’s work is far from done

After two years of work, the Section 809 Panel gathered in a hall at the U.S. Chamber of Commerce building on a cold, January day to present its third and final report, which summed up some 90 ways to improve the Defense Department’s acquisition system.

The commissioners spent the past 24 months interviewing past and current acquisition officials, think tank experts, consultants, industry leaders and organizations — including the National Defense Industrial Association — then talked amongst themselves to come up with some kind of consensus on recommendations.

Now what?

There have been many similar blue-ribbon panels in the past, all tasked with tackling the slow defense acquisition system. And this commission, like the others, had no authority to change anything.

What’s different now is a sense of urgency. The U.S. military feels the breath of China and Russia on its neck as they modernize their weapons and close technology gaps with the United States.

Everyone acknowledges the acquisition system is not serving the nation well.

It’s up to Congress to take the panel’s recommendations and make changes, hopefully ones that will have positive results.

Keep reading this article at: http://www.nationaldefensemagazine.org/articles/2019/1/30/editors-notes-section-809-panels-work-is-far-from-done

February 7, 2019 By AMK

DoD procurement overhaul report recommendations draw both praise, critique from industry groups

The most important recommendation to come out of the third Section 809 Panel report on defense procurement reform is one that doesn’t directly relate to procurement, according to a leading industry group.

Corbin Evans, director of regulatory policy for the National Defense Industrial Association, told WashingtonExec the most crucial recommendation is for Congress to enact timely regular appropriations bills instead of continuing resolutions. Otherwise, defense acquisition will continue to suffer, regardless of what other reforms are made.

“This has been an NDIA priority for years,” he said. “It’s important to ensure that these bills are done on time and that money can be distributed in a predictable manner.”

Evans also singled out the panel’s recommendation to enable enhanced use of advanced payments at the time of contract awards to small businesses, which comprise about 75 percent of NDIA’s 1,700 members.

Keep reading this article at: https://washingtonexec.com/2019/01/section-809-report-dod-acquisition-reform/

February 6, 2019 By AMK

Recommendations of Section 809 Panel on development of DoD’s acquisition workforce

The Section 809 Panel was established by Congress to address a fundamental problem: The way the Department of Defense (DoD) purchased what it needed to equip its warfighters was from another era — one in which the global strategic landscape was entirely different.

Today, the United States’ ability to maintain technological, military, and economic superiority is being challenged because its adversaries are rapidly modernizing their militaries with an eye toward exploiting U.S. vulnerabilities and negating traditional U.S. advantages.

Congress became concerned that DoD had not fully adjusted to the pace of this environment, nor had it adjusted to a marketplace that bears no resemblance to that of just a few decades ago. To address the problem, Congress charged the Panel with reshaping the DoD acquisition system into one that is bold, simple, and effective.

Keep reading this article at: https://www.ncmahq.org/stay-informed/cm-magazine/article/january-2019/toward-building-the-dod-acquisition-workforce-of-the-twenty-first-century-recommendations-from-the-section-809-panel-on-professional-development

Background

Congress, through 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.

After two years of work, the Section 809 Panel gathered in a hall at the U.S. Chamber of Commerce building on a cold, January day to present its third and final report, which summed up some 90 ways to improve the Defense Department’s acquisition system.

The most important recommendation to come out of the third Section 809 Panel report on defense procurement reform is one that doesn’t directly relate to procurement, according to a leading industry group.

The Section 809 Panel was established by Congress to address a fundamental problem: The way the Department of Defense (DoD) purchased what it needed to equip its warfighters was from another era — one in which the global strategic landscape was entirely different.

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