Supplement

Rec. IR1: Affirm agency mission as the primary goal of DoD acquisition.

Problem 

A number of statutes, executive orders, and regulations to which DoD is subject promote public 

policies not directly tied to mission. The Section 809 Panel believes it is important to establish that 

mission comes first. 

The panel’s specific purview, as established in statute, is acquisition regulations. In the statement of 

guiding principles for the FAR, public policy objectives receive equal priority to delivering “on a timely 

basis the best value product or service to the customer.” The Section 809 Panel has found instances in 

which public policy objectives do not align with mission requirements. 

In its future work, the Section 809 Panel plans to make numerous recommendations for revising 

regulations (as well as statutes) to prioritize mission. Amending the FAR purpose statement to reflect 

this priority in advance of the panel’s recommendations would facilitate timely implementation of that 

portion of the panel’s work. The Section 809 Panel firmly believes problems should be addressed 

without a legislative fix whenever possible. Although the FAR Council has authority to make the 

needed change to the FAR purpose statement unilaterally, the Section 809 Panel recognizes that the 

process required to do so could preclude the ability to have the change in place before the panel issues 

its final report. In this case, to facilitate making the change expeditiously, the panel varies from its 

position, and recommends that Congress require the change in statute.

Background 

The FAR Subpart 1.1, Purpose, Authority, Issuance, sets forth guiding principles for the federal 

acquisition system. The system is to “deliver on a timely basis the best value product or service to the 

customer, while maintaining the public’s trust and fulfilling public policy objectives.”

Findings

Some of the public policies promoted in the FAR or defense-specific regulations support the mission of 

DoD. Examples of such regulations include those aimed at preserving a domestic supply of critical 

defense articles and those aimed at promoting the ability of DoD to access innovative technologies 

developed by small businesses.

Other regulations promote public policies that do not directly relate to the mission. For example, the 

Presidential $1 Coin Act of 2005 requires business operations performed on government premises to 

provide for accepting and dispensing $1 coins. Whatever the merits of promoting the use of $1 coins, 

the requirement does not relate to the agency mission. Nor does the requirement in the FAR to ban text 

messaging while driving (applicable to contractors on government business), yet the relevant FAR 

Clause, 52.223-18, must be included in all solicitations and contracts and in all subcontracts exceeding 

the micro-purchase threshold. 

Although these and many other regulations are designed to further laudable public policy objectives, 

and individually may impose marginal costs, in the aggregate their effect places substantial burdens on 

DoD both in terms of financial costs and fulfilling the agency mission. It is important to assess the costs 

and benefits of such regulations to industry, government, and the regulations’ intended beneficiaries.
Supplement

Conclusions

The primary goal of acquisition regulations should be to promote the mission of the agency, not to 

impede it. Many of the current regulations taken as a whole, and sometimes even individually, impede 

DoD’s ability to acquire the goods and services it needs when it needs them and to maintain 

technological superiority on the battlefield. 
Supplement

Recommendations

Legislative Branch

§ Enact a law requiring the FAR be revised so that references to fulfilling public policy objectives 

are stated as being a secondary objective of the federal acquisition system in any statement of 

the vision or guiding principles for the federal acquisition system or any statement of purposes 

of the FAR.

Regulatory Changes

§ Revise FAR Part 1. 

Implications for Other Agencies

§ All other federal agencies would be affected by implementation of these recommendations.