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But up front: What fixes would you make to the FAR?
The Federal Acquisition Regulation — the FAR, as most people call it — can be daunting… and that is without even getting into the numbers that make it feel even more overwhelming.
Of course, one of the most daunting parts of the FAR is that it is The Law — and there is this fear that failing to follow the FAR will result in jail time. (Somehow it is OK to drive 75 in a 55, but a government official having a conversation with industry about their challenges — THAT is a crime?)
And there is the ongoing debate: Has the FAR created the most fair, most respected, least corrupt procurement system and acquisition process in the world… or is it a bureaucratic mess that stifled change and innovation?
Steve Kelman, the professor at Harvard’s Kennedy School of Government and the former administrator of the Office of Federal Procurement Policy in the Clinton administration, when the last significant procurement reforms took place, recently asked the question: What needs to be fixed in the FAR?
Posting in his Federal Computer Week blog:
[There are a] number of efforts underway — including a “Buyer’s Club” led by Health and Human Services Chief Technology Officer Bryan Sivak and a TechFAR document being prepared at the Office of Federal Procurement Policy under the leadership of the indefatigable Mathew Blum — to lower the fear factor in the government IT community around the Federal Acquisition Regulation (FAR) and to emphasize flexibilities available in the regs…
We do, however, need to ask ourselves whether there are important areas of IT contracting where the FAR actually is a genuine impediment, as opposed merely to a vague source of fear. I have two nominations, involving very different kinds of IT procurement – purchasing web design and stand-alone web app services from new, innovative firms, and then contracting for agile development. I’d like to get a dialogue going about whether these are genuine obstacles, and whether there are others that should be added to the list.
I am not a contracting expert — and don’t pretend to be one. That being said, it seems that the FAR is bloated and actually hinders agencies ability to get good value. Kelman suggests eliminating some provisions for specific items. It seems that the FAR — and the layering of executive orders focused on government contractors — makes for an overly complex process that scares people — both inside government worried about jail time, but also companies who wouldn’t consider government work.
That being said, I love that people like Sivak and the under-appreciated Blum… and, of course, Kelman… and looking to take steps to move what seems an intractable system.
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The FAR is too far gone to be fixed. It needs to be repealed and replaced with an entirely new set of procurement rules focused on empowering business unit managers to negotiate the best deal possible for their organizations given their unique circumstances. The new rules should explicitly state that ensuring some ill defined concept of “fair” competition is a much lower priority then getting the best deal possible for the taxpayers with the least investment of time and effort in the procurement process. Challenges to procurement awards should only be allowed if there is clear and convincing evidence of criminal misconduct in the contracting process.
Peter… It sometimes feels like the famous Mark Twain quote: I didn’t have time to write a short letter, so I wrote a long one instead. The FAR sometimes feels as if it is covering everything that COULD happen — and what gets lost are the principles that guide good contracting and procurement.