Regulatory Burden

Over the last decade, the number of laws, regulations and provisions that apply to commercial item have dramatically increased. For example, in 1996 under 52.212-5(b) there were 17 provisions of law or executive orders identified as applicable to commercial item contracts. In 2012, the number has climbed to 51.

The resulting explosion of statutes and regulations applicable to commercial item contracting increases complexity, risk and costs for contractors. Costs that are ultimately passed on to customer agencies through higher pricing. The increased complexity also serves as a barrier to entry for commercial firms offering innovative technologies, services and solutions.

Recommendation: Put “commercial” back in commercial item contracting back through effective management of flexibilities under law regarding determinations relating to laws inapplicable to procurements of commercial items in the FAR. See 41 U.S.C. 430.

Working with industry, it is time for a retrospective review of the current provisions applicable to commercial item contracting to identify and eliminate those where the costs outweigh the benefits.

Moving forward, the FAR Council should be sensitive to the costs to contractors and customers associated when making determinations regarding the applicable new provisions of law or executive order to commercial item contracts.

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Idea No. 41

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1. Reporting and Compliance

Campaign 1: Reporting and compliance requirements - Currently, the Federal Government requires businesses to fill out a lot of complicated paperwork to do business with us. We know we can do better. We want to know what you are seeing – where can we reengineer paperwork and systems, eliminate duplicative reporting, reduce the frequency of reporting, and/or change outdated requirements? Please help us with our improvements by providing ideas and input on the following questions:

Question 1: What reporting or other compliance requirements are most burdensome and why?

Question 2: How would you streamline reporting and compliance requirements? (please cite or describe specific examples if you can)

Question 3: What other compliance information are you providing to the federal government outside the procurement process that could be used to reduce duplication?

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2. Procurement Rules and Practices

Campaign 2: Procurement rules and practices - We know entities doing business in the private sector have best practices and we’re anxious to learn about and replicate in the Federal Government wherever possible. We want to hear about innovative approaches to contracting that align with your business practices.

Question 1: What are the most effective ways to encourage innovative offers and best solutions?

Question 2: How can we reduce the cost of transactions for contractors?

Question 3: What are the best ways to improve the efficiency and effectiveness of acquisitions for information technology?

Question 4: What procurement rules or practices are most effective and which are least effective and why?

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Expired on 05/05/2014
3. Small Business Participation

Campaign 3: Participation by small and minority businesses and non-traditional government contractors - We know many businesses lack the resources and expertise to participate in the Federal marketplace. We welcome feedback – especially by entities that are not participating in Federal contracting – to understand what steps we can take to make your participation possible.

We welcome feedback on how to increase participation in Federal contracting.

Question 1: How can we make doing business with the government easier and less costly for small businesses, minority businesses, new entrants, and non-traditional government contractors?

Question 2: If you are a small business, minority owned business, or new entrant, what features of the federal acquisition system are most helpful and which are least helpful to you?

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Expired on 05/05/2014

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