Senate | The Contracting Education Academy

September 25, 2017 By AMK

Senate passes $700 billion 2018 NDAA, including procurement reforms

On September 18, 2017 the Senate passed its version of the National Defense Authorization Act for Fiscal Year 2018.

The Senate version of the NDAA authorizes defense spending at close to $700 billion for Fiscal Year 2018, which begins on October 1. The Senate NDAA’s $700 billion total is more than President Donald Trump requested, and also exceeds the caps set by the Budget Control Act of 2011. In order to provide the authorized $700 billion level through appropriation bills, Congress will need to address the limits of the Budget Control Act and eliminate the threat of sequestration.

As is the case each year, the NDAA will include significant procurement reform provisions. Although it remains to be seen which of these provisions will be included in the final version of the NDAA passed by Congress and signed into law by the president, the Senate and House versions both contain notable reforms that would impact the laws and regulations applicable to government contractors. For example, the Senate version contains reforms to the debriefing and bid protest process and the House version would permit and promote Department of Defense (DoD) purchases through online commercial marketplaces. Both versions contain significant potential reforms to the regulation of commercial items.

In its recent vote, the Senate was acting on H.R. 2810, the House version of the 2018 NDAA, and voted on Amendment #1003, which included the Senate version of the NDAA. This version was further modified by numerous bipartisan amendments, including an amendment that incorporated the Modernizing Government Technology (MGT) Act. The MGT provisions would establish information technology working capital funds at 24 federal agencies and set up a separate $500 million modernization fund within the Department of the Treasury, to be administered by the General Services Administration, for the purpose of improving information technology and cybersecurity across the federal government.

Below is a summary of several significant procurement reform provisions in the Senate and House versions of the NDAA, each of which contain more than 50 separate sections related to procurement policies and reform.

Keep reading this article at: https://www.lexology.com/library/detail.aspx?g=6e11bc94-e1ca-42a7-ae21-b96f2965ad02

July 6, 2015 By AMK

Senators push to reform federal program management

A bipartisan pair of Senators have introduced legislation that aims to improve how the federal government manages projects and to cut wasteful spending on poorly managed programs.

Senators Joni Ernst, R-Iowa, and Heidi Heitkamp, D-N.D., introduced the Program Management Improvement and Accountability Act, which would create a formal job series and career path for program managers in the federal government in order to improve how agencies manage projects.

The bill also requires that the Office of Management and Budget develop and adopt governmentwide standards, policies and guidelines for program and project management at federal agencies, as well as chair an interagency council on program management.

OMB would also conduct annual reviews of agency projects and programs to see if they were being managed correctly, including addressing issues identified as high risk by the Government Accountability Office.

Keep reading this article at: http://www.federaltimes.com/story/government/management/agency/2015/06/11/programs/71081260/

October 8, 2014 By AMK

Senate report contributes to discussion about acquisition reform and support for training

Last week, the U.S. Senate published a compendium of expert views on acquisition reform within the Department of Defense (DoD). While the report contains no recommendations from the Senate itself, the Senate’s Permanent Subcommittee on Investigations points out that the report documents shortcomings in the acquisition process that may serve to guide Congressional deliberations in the future.

The Oct. 2, 2014 report, entitled “Defense Acquisition Reform: Where Do We Go from Here?”, contains the views of 31 government Defense policy and procurement experts. Significantly,

Nearly half of the experts feel that cultural change is required while over two-thirds believe improving incentives for the acquisition workforce is necessary for reform.
Two-thirds of the contributors feel that training and recruiting of the acquisition workforce must be improved.
Nearly half believe that DOD needs to attain realistic requirements at the start of a major acquisition program that includes budget-informed decisions.
More than half of the submissions noted the need for strong accountability and leadership throughout the life-cycle of a weapon system – with several experts stating the need to further integrate the Service Chiefs into the acquisition process.

About 70 percent of the report’s contributors express the view that although Congress has taken steps to address deficiencies in DoD’s acquisition workforce, more should be taken. Several contributors state that the Defense Acquisition Workforce Development Fund (DAWDF), which Congress established in 2008 to ensure that the acquisition workforce has the skills to ensure the DoD receives the best value for taxpayer dollars, should be continued and strengthened.

Former Administrator of the Office of Federal Procurement Policy (OFPP) Dan Gordon, now Associate Dean at George Washington University Law School, states in the report that improvements in training through Defense Acquisition University (DAU) coursework will help the acquisition workforce “buy smarter” in the current budget environment. Gordon notes that of the three phases of the contracting process — planning, award, and administration — the “weak links in our procurement system [are] poor acquisition planning, especially poor definitions of what the government is trying to buy, and lax contract management.” These two problematic areas, notes Gordon, “are those least amenable to legislation” and instead tend to rely on the experience, judgment, and training of acquisition professionals.

Gordon calls for “better training for purchasing services, and creation of specialized acquisition cadres, at least in large entities such as the military services, to help run procurements in areas that demand education and experience in the field, such as the acquisition of IT and professional services.”

Many of the report’s contributors believe that DoD should create a clear career path for acquisition professionals similar to the military promotion system and designate acquisition billets to be on the same level as operational billets. According to those contributors, that may grant more opportunity for promotion, thereby attracting a higher quality workforce.

The report includes input from many current and former officials, including the Pentagon’s Acquisition, Technology and Logistics chief Frank Kendall; former Joint Chiefs Vice Chairman retired Gen. James Cartwright; former acting Deputy Defense Secretary Christine Fox; former Chief of Naval Operations retired Adm. Gary Roughead; former Air Force Chief of Staff retired Gen. Norton Schwartz; former F-35 program manager retired Vice Adm. David Venlet; and former President of the Defense Acquisition University Frank Anderson.

The full report is available here: Defense Acquisition Reform – A Compendium of Views – 10.02.2014

On September 18, 2017 the Senate passed its version of the National Defense Authorization Act for Fiscal Year 2018.

A bipartisan pair of Senators have introduced legislation that aims to improve how the federal government manages projects and to cut wasteful spending on poorly managed programs.

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