Unfortunately, the last 30 years have seen the determined, inexorable re-regulation of commercial item contracting. As highlighted in previous blogs, the number and scope of unique federal clauses that now apply to commercial item contracts render the term “commercial item contracting” a contradiction in terms. The hurdles created by a highly regulated federal acquisition system have, over the years, impacted price/costs, time to delivery, and performance. The story of commercial item contracting is an enduring one. It represents the long-standing tug of war between regulation and de-regulation that goes back decades. For example, Earle Chesney’s September 25th, 1952, cartoon, advises Uncle Sam that “You’ll have to eliminate some hurdles, ‘Uncle,’ if you expect timely performance.” That time and opportunity is upon us now!
The procurement community has an opportunity to eliminate hurdles to efficiently and effectively deliver innovative, commercial solutions to meet customer agency mission requirements. The first step is to identify those specific opportunities in policy, regulation, process, and systems that are holding us back. The next step is to identify, develop, and implement changes that take advantage of those opportunities to increase the efficiency and effectiveness of the acquisition system for the American people. Finally, we must all have the discipline to maintain and build on these changes over time and not sink back into a state of re-regulation.