Historical legislative acts that have institutionalized better business practices

 

Describe several historical legislative acts that have institutionalized better business practices within the DoD acquisition community.

Sample Solution

The Department of Defense Acquisition (DoDAcquisition) community constantly undergoes reforms to improve efficiency, reduce risk, and promote value for taxpayers. Throughout history, several key legislative acts have institutionalized significant changes, leading to the current system of “best business practices.” Here are some notable examples:

1. Defense Acquisition Workforce Improvement Act (DAWIA) of 1990: This act recognized the critical role of a qualified acquisition workforce and mandated continuous professional development for acquisition personnel. DAWIA established standardized training programs, career paths, and certification requirements, leading to a more professional and competent workforce.

2. Federal Acquisition Streamlining Act (FASA) of 1994: This legislation aimed to simplify the acquisition process by reducing administrative burdens and promoting commercial practices. FASA encouraged the use of commercial products and services when available, streamlined bid procedures, and reduced paperwork, increasing speed and efficiency.

3. Clinger-Cohen Act of 1996: This act focused on information technology acquisition, mandating greater emphasis on commercial products and services, open competition, and life-cycle cost considerations. It encouraged DoDAcquisition to leverage the rapid advancements in the technology sector and adopt best practices from the commercial world.

4. Federal Activities Inventory Reform Act (FAIR) of 1998: This legislation targeted government-owned commercial activities (GOCAs) and commercial activities (CAs) performed by DoDA, requiring agencies to justify why they performed certain functions internally rather than outsourcing them. FAIR promoted competition and increased efficiency by ensuring that DoDA only performs activities best suited for government control.

5. Sarbanes-Oxley Act of 2002: Although not specific to DoDAcquisition, this act had a significant impact with its focus on corporate governance and financial accountability. It implemented stricter internal controls, enhanced financial reporting requirements, and increased penalties for misconduct, leading to improved ethics and transparency within DoDA contractors.

6. Defense Acquisition Improvement Act (DAIA) of 2014: This act aimed to increase DoDA’s ability to buy innovative products and services while maintaining affordability and reducing unnecessary bureaucracy. DAIA established new contracting methods like Rapid Prototyping and Other Transactions Authority (OTA), fostered industry collaboration, and streamlined processes for acquiring emerging technologies.

7. Cybersecurity Enhancement Act of 2015: Recognizing the growing threat of cyberattacks, this act mandated increased attention to cybersecurity throughout the acquisition lifecycle. It required DoDA to integrate cybersecurity requirements into acquisition planning, contracts, and system development, enhancing the security of weapons systems and sensitive information.

8. National Defense Authorization Act (NDAA) (various years): These annual acts often contain numerous provisions impacting DoDAcquisition, addressing issues like acquisition workforce development, contract oversight, intellectual property protection, and competition promotion. While not singular acts, the NDAA series continuously shapes the framework of DoDAcquisition best practices.

Most Important Best Practice:

While all these acts contribute to better DoDAcquisition practices, choosing the “most important” is subjective and depends on current priorities and challenges. However, several stand out for their lasting impact and potential for future improvement:

1. DAWIA: A well-trained and qualified workforce is fundamental to any successful organization, and DAWIA’s focus on continuous professional development remains crucial. A competent workforce ensures ethical conduct, informed decision-making, and effective management of complex acquisition programs.

2. FASA and DAIA: Streamlining the acquisition process and adopting commercial best practices are vital for efficiency and cost-effectiveness. These acts encourage leveraging innovative solutions from the private sector while maintaining essential government oversight.

3. Cybersecurity Enhancement Act: As cyber threats evolve, prioritizing cybersecurity throughout the acquisition lifecycle is paramount. Integrating security measures early and throughout the process helps protect sensitive information and ensure the resilience of weapon systems.

Ultimately, the success of DoDAcquisition best practices lies in their ongoing adaptation and improvement. Analyzing past legislative acts, current challenges, and emerging technologies is crucial for developing a robust and responsive acquisition system that meets the needs of the armed forces while delivering value to taxpayers.

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