A Series Examining the Implications of the U.S. Federal Acquisition Regulation Reform Effort
Federal acquisitions of commercial technologies are frequently criticized as being slower, more complicated, and more costly than similar acquisitions in the private sector. The recent attempts to tackle these longstanding criticisms by reducing and streamlining the regulations that apply to federal acquisitions as a whole.
The states that its “goal is clear: faster acquisitions, greater competition, and better results.” While government and industry have largely welcomed the RFO as a much-needed push to modernize the federal acquisition process by cutting non-required (e.g., non-statutory) regulations, it remains to be seen whether reducing the size and scope of the FAR will also encourage and empower federal contracting professionals to innovate and meaningfully advance whole-of-government technology modernization.
The RFO does not address all possible pitfalls in the government’s processes for acquiring, vetting, and deploying innovative technologies. Updating information security and supply chain security requirements for contractors in , for example, does not automatically mean that all agencies will leverage modern and secure enterprise technologies with the appropriate safeguards and controls needed to protect citizens’ data across governmentwide systems. Agencies can use the RFO as a jumping off point for modernization, but there is still a great deal of work needed to bring government cybersecurity and supply chain security practices and investments up to where they should be based on industry standards.
Additionally, updating regulatory requirements for purchasing information and communications technology (ICT) does not automatically mean that government contracting professionals will understand and appropriately leverage the commercial terms and conditions that can optimize the government’s use of innovative commercial solutions. The RFO regulatory workstream has been paired with significant efforts to train and educate the government’s acquisition workforce by providing additional resources and support, but more is needed to truly transform the generally risk-averse government contracting culture into one that prioritizes innovation.
Ultimately, the RFO process could benefit from well-defined objectives and metrics for assessing agencies’ progress toward achieving these broader goals. These could include, but should not be limited to:
- Building on the RFO initiative by requiring agencies to update their agency contracting supplements by implementing a transparent process that prioritizes public engagement and feedback.
- Revisiting key federal laws, regulations, and programs such as FISMA and FedRAMP to enable agency IT and cybersecurity leaders to improve their security posture through an increased focus on harmonized accreditation requirements, cross-agency information sharing, and an emphasis on implementing best practices.
- Holding agencies accountable for achieving specific yearly targets for retiring outdated systems and migrating government data to modern, enterprise commercial solutions.
- Requiring agencies to budget for appropriate long-term investments in automated and secure technologies that improve information-sharing across government.
- Ensuring agencies work with the private sector technology industry to develop and regularly update training that empowers and tech and business-savvy workforce to obtain the best value for the government.
These are just some areas where the government could benefit from enhanced requirements and specificity for agencies as they modernize their IT systems. In addition to modern acquisition processes that promote the best value for taxpayer dollars, Americans deserve a government that prioritizes continuous innovation to improve the quality and security of digital services. We look forward to our ongoing work with the Office of Federal Procurement Policy (OFPP) and FAR Council as they lead this monumental effort to modernize the government as-a-whole through federal acquisition reform.