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    Obama signs law to reform weapons buying

    President Barack Obama signed legislation today to change how the Defense Department buys and tracks acquisitions of major weapons systems.

    “When it comes to purchasing weapons systems and developing defense projects, the choice we face is between investments that are designed to keep the American people safe and those that are simply designed to make a defense company or a contractor rich,” Obama said before signing the bill.

    The Weapons Systems Acquisition Reform Act (S. 454) requires DOD to appoint senior officials to assess a project’s performance and analyze underlying causes for any of its shortcomings, such as unrealistic expectations, too little funding, or poor work by a contractor or DOD.

    It requires officials to encourage competition, including 10 competition-promoting measures to consider when setting acquisition strategies. It also deals with organizational conflicts of interest, requires a study of earned value management, and sets checkpoints at certain milestones in projects.

    The law's purpose is to limit cost overruns before they spiral out of control, Obama said. "Wasteful spending comes from exotic requirements, lack of oversight and indefensible no-bid contracts."

    Obama also said this is the first step in fixing how the government buys things. “It reforms a system where taxpayers are charged too much for weapons systems that too often arrive late,” he said. Obama signed a memo March 4 designed to improve the procurement system.

    However, acquisition experts say the vast majority of purchases are received as agencies requested.

    “By and large the government gets what it wants, when it wants it, for the price it’s wiling to pay,” said Alan Chvotkin, executive vice president and counsel at the Professional Services Council, who spoke this week at a panel discussion about the federal acquisition workforce. However, he said the procurement system still has room for improvements.

    At the same discussion, Steven Schooner, an associate law professor and co-director of the Government Procurement Law Program at George Washington University, pointed out the Obama administration views contractors as lining their pockets at the taxpayers’ expense. Schooner said the president, Congress and the news media can’t treat contractors as pariahs because the government can’t operate without contractors’ support.

    About the Author

    Matthew Weigelt is acquisition editor for Federal Computer Week.

    Reader comments

    Wed, May 27, 2009 Ernie

    My thoughts are if a contract is awarded it should be adhered to. If a contractor finds out that they can not meet the requirments they should be fined and the contract given to the next contractor that bid. This may prevent bidders who bid low knowing they can get extra money later.

    Wed, May 27, 2009 Tennesee

    Adding additional bureaucracy to the acquisition process will only slow it down that much further. The primary reason why large complex acquisitions exceed budget is because generally speaking the government does not have a technical arm to its acquisition force. Hence, government acquisitions personal are not in a position to truly evaluate the technical performance of a contract. All they can do is evaluate the bottom line budget. I wonder what senior officials will "assess a project’s performance"? While the words sound good this effort is doomed.

    Tue, May 26, 2009 RT Georgia

    Be sure to report when the President enforces some control over the dishonest congress. Primarily those protecting their own personal interests with our tax money. Are the stimulus packages to put money back in OUR pockets or used as congressional CYA/CYI funds?

    Tue, May 26, 2009 oracle2world

    There are already a zillion contracting requirements that do exactly the same. I guess we need more. The problem is really human nature. People like to design, manufacture, and sell high end items. Be it watches, cars, houses, airplanes, or tanks. They build hierarchies and caste systems and senior positions ... and it is just plain easier to focus on one expensive bomber than a swarm of pilotless predators.

    Tue, May 26, 2009 Mike Hampton, VA

    And this is new how? "requires DOD to appoint senior officials to assess a project’s performance and analyze underlying causes for any of its shortcomings" APDP has taught us for years to continually monitor program performance (using Earned Value methods) and even Demming taught us to correct the underlying factors causing deficiencies. And every time I've tried a sole-source "no bid" contract, I had to justify like crazy.

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