Section 809 Panel

The Section 809 Panel's Roadmap to Success

The Advisory Panel on Streamlining and Codifying Acquisition Regulations (Section 809 Panel) was created in Section 809 of the FY 2016 National Defense Authorization Act (Public Law 114-92). The panel consisted of 16 members required to be recognized experts in acquisition and procurement policy with diverse experiences from the public and private sectors. The panel was charged to deliver recommendations that could transform the defense acquisition system to meet the threats and demands of the 21st century.

From August 2016 to its conclusion in July 2019, the panel released five publications: an interim report, a final report in three volumes, and a roadmap organizing all 98 recommendations within 4 founding principles. Together, these 98 recommendations chart a path for both evolutionary and revolutionary change in the defense acquisition system.

As of July 2019, 15 recommendations had been implemented by Congress or the Department of Defense. Another 12 recommendations were pending in the 2019 legislative cycle. For details, see the Implementation Tracker located in the tab "Promotion & Outreach Products."

Note that each recommendation is accompanied by draft implementation language. This language can be found in the main volumes but is not included in the individual recommendation files.

Interim Reports Volume 1 Volume 2 Volume 3 Roadmap Report Promotion & Outreach Products

Interim Reports

Interim Report - Advisory Panel on Streamlining and Codifying Acquisition Regulations Interim Report Supplement
Recommendation IR 1 Affirm agency mission as the primary goal of DoD acquisition.	Recommendation IR 4 Eliminate FAR section on texting while driving.
Recommendation IR 2 Increase contract time for fuel storage from 20 years to 30 years	Recommendation IR 5 Eliminate the requirement to accept and dispense dollar coins at government business operations.
Recommendation IR 3 Eliminate the requirement for contractors to use recycled paper.

Volume 1

Volume 1 - Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations Volume 1 - Summary of Recommendations
Recommendation 1 Revise definitions related to commercial buying to simplify their application and eliminate inconsistency.	Recommendation 13 Increase coverage of the effectiveness of contractor internal control audits by leveraging IPAs.
Recommendation 2 Minimize government-unique terms applicable to commercial buying.	Recommendation 14 Incentivize contractor compliance and manage risk efficiently through robust risk assessment.
Recommendation 3 Align and clarify FAR commercial termination language.	Recommendation 15 Clarify and streamline the definition of and requirements for an adequate incurred cost proposal to refocus the purpose of DoD’s oversight.
Recommendation 4 Revise DFARS sections related to rights in technical data policy for commercial products.	Recommendation 16 Combine authority for requirements, resources, and acquisition in a single, empowered entity to govern DBS portfolios separate from the existing acquisition chain of command.
Recommendation 5 Align DCAA’s mission statement to focus on its primary customer, the contracting officer.	Recommendation 17 Eliminate separate requirement for annual IRB certification of DBS investments.
Recommendation 6 Revise the elements of DCAA’s annual report to Congress to incorporate multiple key metrics.	Recommendation 18 Fund DBSs in a way that allows for commonly accepted software development approaches.
Recommendation 7 Provide flexibility to contracting officers and auditors to use audit and advisory services when appropriate.	Recommendation 19 Eliminate the Earned Value Management mandate for software programs using Agile methods.
Recommendation 8 Establish statutory time limits for defense oversight activities.	Recommendation 20 Clarify the definitions of personal and nonpersonal services and incorporate in the DFARS a description of supervisory responsibilities for services contracts.
Recommendation 9 Permit DCAA to use IPAs to manage resources to meet time limits.	Recommendation 21 Refocus DoD's small business policies and programs to prioritize mission and advance warfighting capabilities and capacities.
Recommendation 10 Replace system criteria from DFARS 252.242-7006, Accounting System Administration, with an internal control audit to assess the adequacy of contractors’ accounting systems.	Recommendation 22 Eliminate, or sunset within 5 years, the statutory requirement for certain acquisition-related offices and Secretary of Defense designated officials to increase flexibility and/or reduce redundancy.
Recommendation 11 Develop a Professional Practice Guide for DoD’s oversight of contractor costs and business systems.	Recommendation 23 Establish a permanent, automatic 5-year sunset provision for DoD congressional reporting requirements.
Recommendation 12 Require DCAA to obtain peer review from a qualified external organization.	Recommendation 24 Repeal, preserve, or maintain various DoD congressional reporting requirements.

Volume 2

Volume 2 - Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations Volume 2 - Summary of Recommendations
Recommendation 25 Streamline and adapt hiring authorities to support the acquisition workforce.	Recommendation 30 Reshape CAS program requirements to function better in a changed acquisition environment.
Recommendation 26 Convert the Civilian Acquisition Workforce Personnel Demonstration Project (AcqDemo) from an indefinite demonstration project to a permanent personnel system.	Recommendation 31 Eliminate the statutory and regulatory distinction between personal services contracts (PSC) and nonpersonal services (NPS) contracts.
Recommendation 27 Improve resourcing, allocation, and management of the Defense Acquisition Workforce Development Fund (DAWDF).	Recommendation 32 Exempt DoD from paying the Federal Retail Excise Tax.
Recommendation 28 Simplify the selection of sources for commercial products and services.	Recommendation 33 Repeal certain Title 10 sections and note sections, create a new Part V under Subtitle A of Title 10, and redesignate sections in Subtitles B–D to make room for Part V to support a more logical organization and greater ease of use.
Recommendation 29 Revise 41 U.S.C. § 1501-1506 to designate the Cost Accounting Standards Board as an independent federal organization within the executive branch.	Recommendation 34 Repeal certain Title 10 sections and note sections, create a new Part V under Subtitle A of Title 10, and redesignate sections in Subtitles B–D to make room for Part V to support a more logical organization and greater ease of use.

Volume 3

Volume 3 Report (Part 1) - Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations Volume 3 Report (Part 2) - Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations Volume 3 - Summary of Recommendations
Recommendation 35 Replace commercial buying and the existing simplified acquisition procedures and thresholds with simplified readily available procedures for procuring readily available products and services and readily available products and services with customization.	Recommendation 65 Increase the acquisition thresholds of the Davis–Bacon Act, the Walsh–Healey Public Contracts Act, and the Services Contract Act to $2 million.
Recommendation 36 Transition from a program-centric execution model to a portfolio execution model.	Recommendation 66 Establish a purpose statement for bid protests in the procurement system to help guide adjudicative bodies in resolving protests consistent with said purpose and establish a standard by which the effectiveness of protests may be measured.
Recommendation 37 Implement a defensewide capability portfolio framework that provides an enterprise view of existing and planned capability, to ensure delivery of integrated and innovative solutions to meet strategic objectives.	Recommendation 67 Reduce potential bid protest processing time by eliminating the opportunity to file a protest with the COFC after filing at the GAO and require the COFC to issue a decision within 100 days of ordering a procurement be delayed.
Recommendation 38 Implement best practices for portfolio management.	Recommendation 68 Limit the jurisdiction of GAO and COFC to only those protests of procurements with a value that exceeds, or are expected to exceed, $75,000.
Recommendation 39 Leverage a portfolio structure for requirements.	Recommendation 69 Provide as part of a debriefing, in all procurements where a debriefing is required, a redacted source selection decision document and the technical evaluation of the vendor receiving the debriefing.
Recommendation 40 Professionalize the requirements management workforce.	Recommendation 70 Authorize DoD to develop a replacement approach to the inventory of contracted services requirement under 10 U.S.C. § 2330a.
Recommendation 41 Establish a sustainment program baseline, implement key enablers of sustainment, elevate sustainment to equal standing with development and procurement, and improve the defense materiel enterprise focus on weapon system readiness.	Recommendation 71 Adopt a professional practice guide to support the contract audit practice of DoD and the independent public accountants DoD may use to meet its contract audit needs, and direct DoD to establish a working group to maintain and update the guide.
Recommendation 42 Reduce budgetary uncertainty, increase funding flexibility, and enhance the ability to effectively execute sustainment plans and address emergent sustainment requirements.	Recommendation 72 Replace 18 system criteria from DFARS 252.242-7006, Accounting System Administration, with an internal control audit to assess the adequacy of contractors’ accounting systems based on seven system criteria.
Recommendation 43 Revise acquisition regulations to enable more flexible and effective procurement of consumption-based solutions.	Recommendation 73 Revise the definition of business system deficiencies to more closely align with generally accepted auditing standards.
Recommendation 44 Exempt DoD from Clinger–Cohen Act Provisions in Title 40.	Recommendation 74 Eliminate redundant documentation requirements or superfluous approvals when appropriate consideration is given and documented as part of acquisition planning.
Recommendation 45 Create a pilot program for contracting directly with information technology consultants through an online talent marketplace.	Recommendation 75 Revise regulations, instructions, or directives to eliminate non-value-added documentation or approvals.
Recommendation 46 Empower the acquisition community by delegating below threshold reprogramming decision authority to portfolio acquisition executives.	Recommendation 76 Revise the fair opportunity procedures and require their use in task and delivery order competitions.
Recommendation 47 Restore reprogramming dollar thresholds to match their previous levels relative to inflation and the DoD budget.	Recommendation 77 Require role-based planning to prevent unnecessary application of security clearance and investigation requirements to contracts.
Recommendation 48 Increase to 50 percent the lesser of 20 percent restriction that creates artificially low reprogramming thresholds for smaller programs.	Recommendation 78 Include the supply of basic energy as an exemption under FAR 5.202.
Recommendation 49 Provide increased flexibility to the time periods within which contract obligations are permitted to occur.	Recommendation 79 Enable enhanced use of advanced payments, at time of contract award, to small businesses.
Recommendation 50 Enact regular appropriations bills on time.	Recommendation 80 Preserve the preference for procuring commercial products and services when considering small business set-asides.
Recommendation 51 Mitigate the negative effect of continuing resolutions by allowing congressional regular appropriations to remain available for a standardized duration from date of enactment.	Recommendation 81 Clarify and expand the authority to use Other Transaction agreements for production.
Recommendation 52 Permit the initiation of all new starts, provided Congress has appropriated sufficient funding.	Recommendation 82 Provide Armed Services Board of Contract Appeals authority to require filing of contract appeals through an electronic case management system.
Recommendation 53 Permit the initiation of all production rate increases, provided Congress has appropriated sufficient funding.	Recommendation 83 Raise the monetary threshold to provide agency boards of contract appeals accelerated, small business, and small claims (expedited) procedures to $250,000 and $150,000 respectively.
Recommendation 54 Permit the initiation of multiyear procurements under a CR	Recommendation 84 Direct DoD to communicate with the marketplace concerning acquisition from development of the need/requirement through contract closeout, final payment, and disposal.
Recommendation 55 Raise the Prompt Payment Act threshold.	Recommendation 85 Establish a Market Liaison at each acquisition activity to facilitate communication with industry.
Recommendation 56 Use authority in Section 1077 of the FY 2018 NDAA to establish a revolving fund for information technology modernization projects and explore the feasibility of using revolving funds for other money-saving investments.	Recommendation 86 Encourage greater interaction with industry during market research.
Recommendation 57 Modify fiscal law to extend the duration of when funds cancel from 5 years to 8 years in expired status to align program acquisitions with funding periods and prevent putting current funds at risk and to support meeting appropriation intent.	Recommendation 87 Establish a market intelligence capability throughout DoD to facilitate communication that enhances the government’s industry knowledge through open, two-way communication.
Recommendation 58 Address the issue of over-age contracts through (a) establishing an end-to-end, integrated, streamlined process, (b) codifying DCMA’s Quick Close Out class deviation in the DFARS, and (c) extending DCMA’s Low Risk Quick Close Out initiative by 2 years.	Recommendation 88 Use existing defense business system open-data requirements to improve strategic decision making on acquisition and workforce issues.
Recommendation 59 Revise the Defense Acquisition Workforce Improvement Act to focus more on building professional qualifications.	Recommendation 89 Direct DoD to consolidate or eliminate competing data architectures within the defense acquisition and financial system.
Recommendation 60 Implement acquisition career paths that are integrated with an institutionalized competency model tailored to mission needs.	Recommendation 90 Reorganize Title 10 of the U.S. Code to place all of the acquisition provisions in a single part, and update and move acquisition-related note sections into the reorganized acquisition part of Title 10.
Recommendation 61 Create a comprehensive public–private exchange program for DoD’s acquisition workforce.	Recommendation 91 Require the Administrator of General Services and the Secretary of Defense to maintain the FAR and DFARS respectively, as electronic documents with references to the related statutes, Executive Orders, regulations, and policies, and with hyperlinks to Federal Register Notices.
Recommendation 62 Update the FAR and DFARS to reduce burdens on DoD’s commercial supply chain to decrease cost, prevent delays, remove barriers, and encourage innovation available to the Military Services.	Recommendation 92 Minimize the flowdown of government-unique terms in commercial buying by implementing the Section 809 Panel’s Recommendation 2.
Recommendation 63 Create a policy of mitigating supply chain and performance risk through requirements documents.	Recommendation 93 Create a Center for Acquisition Innovation located at the National Defense University, Eisenhower School.
Recommendation 64 Update socioeconomic laws to encourage purchasing from nontraditional suppliers by (a) adopting exceptions for DoD to domestic purchasing preference requirements for commercial products, and (b) adopting a public interest exception and procedures for the Berry Amendment identical to the ones that exist for the Buy American Act.

Roadmap Report

Promotion & Outreach Products