1

List of Section 809 Panel Recommendations

Status as of December 31, 2019

TALLY OF RECOMMENDATIONS IMPLEMENTED: 23 recommendations implemented in part or in full (38 actions total, including 

subrecommendations). 

INTERIM REPORT – MAY 2017

# Recommendation Page Status

IR-1 Affirm agency mission as the primary goal of DoD acquisition (“Mission 

First”).

2 Sec. 801 of FY2018 NDAA directedDFARS be

revised to include certain statements of

purpose.

DFARS Case 2018-D005 finalized 5/4/2018

IR-2 Increase contract time for fuel storage from 20 years to 30 years. 5 Enacted as Sec. 881 of the FY 2018 NDAA in the

form recommended by the Panel.

Statutory change only; operational upon 

enactment.

IR-3 Eliminate the requirement for contractors to use recycled paper. 10

IR-4 Eliminate FAR section on texting while driving. (FAR Clause 52.223-18) 17

IR-5 Eliminate the requirement to accept and dispense dollar coins at 

government business operations.

22 Enacted as Sec. 885 of FY 2018 NDAA and

FAR Case 2018-009.

VOLUME 1 – JANUARY 2018

# Recommendations Page Status

1 Revise definitions related to commercial buying to simplify their 

application and eliminate inconsistency.

18 Enacted in part in FY 2019 NDAA Section 836; 

DFARS Case 2018-D066 (in process) and FAR 

Case 2018-018 (effective 1/1/2020).

2 Minimize government-unique terms applicable to commercial buying. 32 Enacted in part in FY 2019 NDAA Section 837, 

839; DFARS Case 2018-D066 and FAR Cases 

2018-019 and 2018-013 in process.

3 Align and clarify FAR commercial termination language. 44

4 Revise DFARS sections related to rights in technical data policy for 46
2

commercial products.

5 Align DCAA’s mission statement to focus on its primary customer, the 

contracting officer.

64

6 Revise the elements of DCAA’s annual report to Congress to 

incorporate multiple key metrics.

67

7 Provide flexibility to contracting officers and auditors to use audit and 

advisory services when appropriate.

70 Enacted in part in FY2018 NDAA Section 803.

7a Prior to requesting field pricing/audit assistance, contracting officers

should consider other available internal resources and tailor their request

for assistance to the maximum extent possible.

71

7b Define the term audit. 72

7c DCAA should use the full range of audit and nonaudit services available. 72

7d Direct a review of the roles of DCAA and DCMA to ensure 

appropriate alignment and eliminate redundancies.

74 FY 2019 NDAA Section 925; Report by March 

2020 to Defense Committees.

8 Establish statutory time limits for defense oversight activities. 76

9 Permit DCAA to use IPAs to manage resources to meet time limits. 80

10 Replace system criteria from DFARS 252.242-7006, Accounting System 

Administration, with an internal control audit to assess the adequacy of 

contractors’ accounting systems.

82

11 Develop a Professional Practice Guide for DoD’s oversight of contractor 

costs and business systems.

87

12 Require DCAA to obtain peer review from a qualified external 

organization.

91

13 Increase coverage of the effectiveness of contractor internal control audits 

by leveraging IPAs.

93

14 Incentivize contractor compliance and manage risk efficiently through 

robust risk assessment.

95

15 Clarify and streamline the definition of and requirements for an 

adequate incurred cost proposal to refocus the purpose of DoD’s 

oversight.

100

16 Combine authority for requirements, resources, and acquisition in a 

single, empowered entity to govern DBS portfolios separate from the 

existing acquisition chain of command.

111

17 Eliminate separate requirement for annual IRB certification of DBS 

investments.

130
3

18 Fund DBSs in a way that allows for commonly accepted software 

development approaches.

137

19 Eliminate the Earned Value Management mandate for software programs 

using Agile methods.

151

20 Clarify the definitions of personal and nonpersonal services and 

incorporate in the DFARS a description of supervisory responsibilities for 

service contracts.

159 FY 2019 NDAA Section 820; report in 6 

months to defense committees by SECDEF.

21 Refocus DoD's small business policies and programs to prioritize mission 

and advance warfighting capabilities and capacities.

169 Partially addressed in Section 879 of FY 2020 

NDAA, “Alignment of the Department of 

Defense Small Business Innovation Research 

Program and Small Business Technology 

Transfer Program with the National Defense 

Science and Technology Strategy”

21a Establish the infrastructure necessary to create and execute a DoD small 

business strategy, ensuring alignment of DoD’s small business programs 

with the agency’s critical needs.

192 Enacted in part in FY 2019 NDAA Section 851, 

858, 859; DoD SB strategy until 10 U.S.C. § 

2283 (added by Section 851) due in February of 

2019.

21b Build on the successes of the SBIR/STTR and RIF programs. 193 Partially addressed in Section 878 of FY 2020 

NDAA, which increases SBIR funding for DOD 

to 4% (not the 7% the panel requested) and 

increases Rapid Innovation funding awards 

from $3m to $6m (panel recommended 

eliminating the $3m cap).

21c Enable innovation in the acquisition system and among industry partners. 194

22 Eliminate, or sunset within 5 years, the statutory requirement for certain 

acquisition-related offices and Secretary of Defense designated officials 

to increase flexibility and/or reduce redundancy.

199 FY 2019 NDAA Section 811; amendment or

repeal of sections of law authorizing various 

offices – see sub-recommendations below.

Requires DoD plan 30 days prior to

reorganizing to account for the repeals.

22a Repeal the statutory requirement for Department of Defense Test 

Resource Management Center, 10 U.S.C. § 196.

199

22b Repeal the statutory requirement for Office of Corrosion Policy and 

Oversight, 10 U.S.C. § 2228.

200 Addressed in FY 2019 NDAA Section 811 

(amended, not repealed).

22c Repeal the statutory requirement for Director for Performance Assessment 

and Root Cause Analysis (PARCA), 10 U.S.C. § 2438.

201

22d Repeal the statutory requirement for Office of Technology Transition, 10 203 Addressed in FY 2019 NDAA Section 811.
4

U.S.C. § 2515.

22e Repeal the statutory requirement for Office for Foreign Defense Critical 

Technology Monitoring and Assessment, 10 U.S.C. § 2517.

204 Addressed in FY 2019 NDAA Section 811.

22f Repeal the statutory requirement at 10 U.S.C. § 204 for a Small Business 

Ombudsman within each defense audit agency.

206

22g Repeal the statutory requirement for Secretary of Defense to designate a 

competition advocate for the Defense Logistics Agency, 10 U.S.C. § 2318.

207 Partially addressed in FY 2019 NDAA Section 

811.

22h Repeal the statutory requirement for the Hypersonics Development section 

of Joint Technology Office on Hypersonics, Section 218 of the FY 2007 

NDAA (Pub. L. No. 109–364, 120 Stat. 2126;

10 U.S.C. § 2358 note).

208

22i Repeal the statutory requirement for Improvement in Defense Research 

and Procurement Liaison with Israel, Section 1006 of the FY 1989 NDAA 

(Pub. L. No. 100-456; 10 U.S.C. § 133 note).

210 Addressed in FY 2019 NDAA Section 811.

22j Repeal the statutory requirement for Coordination of Human Systems 

Integration Activities Related to Acquisition Programs, Section 231 of the 

FY 2008 NDAA (Pub. L. No. 110–181, 10 U.S.C.

§ 1701 note).

211 Addressed in FY 2019 NDAA Section 811.

22k Repeal the statutory requirement for Focus on Urgent Operational Needs 

and Rapid Acquisition, Section 902 of the FY 2013 NDAA (Pub. L. No. 

112–239; 10 U.S.C. § 2302 note).

213 Addressed in FY 2019 NDAA Section 811.

22l Repeal the statutory requirement for Senior Official for Dual-Use Science 

and Technology Projects, Section 203(c) of the FY 1998 NDAA (Pub. L. 

No. 105–85; 10 U.S.C. § 2511 note).

215 Addressed in FY 2019 NDAA Section 811.

22m Repeal the statutory requirement for Executive Agent for Printed Circuit 

Boards, Section 256 of FY 2009 NDAA (Pub. L. No. 110–417; 10 U.S.C. 

§ 2501 note).

216

22n Sunset the statutory requirement for Joint Directed Energy Transition 

Office (JDETO), 10 U.S.C. § 219 (10 U.S.C. § 2431 note) in FY 2023.

218

23 Establish a permanent, automatic 5-year sunset provision for DoD 

congressional reporting requirements.

227

24 Repeal, preserve, or maintain various DoD congressional reporting 

requirements.

229 FY 2019 NDAA Section 813 – see subrecommendations below;

no corresponding regulatory case needed.

24a Repeal the statutory requirement for the Defense Test Resource 

Management Center biennial strategic and budget reports, 10 U.S.C. § 

234
5

196(d) and (e).

24b Repeal the statutory requirement for the Ballistic Missile Defense 

Programs annual budget justification reports, 10 U.S.C. § 223a(a).

235

24c Repeal the statutory requirement for the Programs for Combating 

Terrorism: Annual budget overview report, 10 U.S.C. § 229.

237

24d Repeal the statutory requirement for the Annual Long-Term Plan for the 

Procurement of Aircraft for the Navy and the Air annual strategic plan, 10 

U.S.C. § 231a.

238 Enacted in part in FY 2019 NDAA Section 813.

24e Repeal the statutory requirement for the Cyber Mission Forces annual 

budget overview report, 10 U.S.C. § 238(a).

240

24f Repeal the statutory requirement for the Corrosion Control and Prevention 

annual budget and policy report, 10 U.S.C. § 2228(e).

241

24g Repeal the statutory requirement for the Major Satellite Acquisition 

Programs annual integration report, 10 U.S.C. § 2275.

243

24h Repeal the statutory requirement for the Commercial Space Activities 

annual Cooperation with DoD report, 10 U.S.C. § 2276(e).

244 Addressed in FY 2019 NDAA Section 813.

24i Repeal the statutory requirement for the Depot-Level Maintenance 

overview report, 10 U.S.C. § 2466(d).

246

24j Repeal the statutory requirement for the Covered Naval Vessels Repair 

Work in Foreign Shipyards annual report, 10 U.S.C. § 7310(c).

247

24k Repeal the statutory requirement for the Reserve Component 

Equipment annual procurement report, 10 U.S.C. § 10543(a).

249

24l Repeal the statutory requirement for the Reserve Components annual 

procurement threshold report, 10 U.S.C. § 10543(c).

250

24m Repeal the statutory requirement for the Missile Defense Agency annual 

overview report, FY 2002 NDAA, 232(h)(3).

252

24n Repeal the statutory requirement for the Ford-Class Aircraft Carrier annual 

cost estimate report, FY 2007 NDAA, 122(d)(1).

253

24o Repeal the statutory requirement for the Carriage by Vessel annual Repair 

Work in Foreign Shipyards report, FY 2007 NDAA, 1017(e).

254

24p Repeal the statutory requirement for the Bandwidth Capacity annual 

overview report, FY 2009 NDAA, 1047(d)(2).

255

24q Repeal the statutory requirement for the Afghanistan Infrastructure Fund 

annual overview report, FY 2011 NDAA, 1217(i).

257

24r Repeal the statutory requirement for the MDAP Testing and Evaluation 

annual justification of progress report, FY 2013 NDAA, 904(h)(1) and (2).

258
6

24s Repeal the statutory requirement for the Ticonderoga-Class Cruisers and 

Dock Landing Ships annual modernization report, FY 2015 NDAA, 

1026(d).

260 Addressed in FY 2019 NDAA Section 813.

24t Repeal the statutory requirement for the Ballistic Missile Defense Systems 

annual preproduction assessment reports, FY 2015 NDAA, 1662(c)(2) and 

(d)(2).

261

24u Preserve the statutory requirement for the Director of Operational Test and 

Evaluation annual overview report, 10 U.S.C. § 139(h).

264

24v Preserve the statutory requirement for Naval Vessel Construction annual 

strategic plan report, 10 U.S.C. § 231.

265

24w Preserve the statutory requirement for the Director of Operational Test and 

Evaluation annual program report, 10 U.S.C. § 2399(g).

267

24x Terminate in 2021 the statutory requirement for the Ballistic Missile 

Defense Programs annual acquisition baselines report, 10 U.S.C. § 225(c).

268

24y Terminate in 2021 the statutory requirement for Depot-Level 

Maintenance biennial capability requirements report, 10 U.S.C. § 

2464(d).

269

24z Terminate in 2021 the statutory requirement for the National 

Technology and Industrial Base annual policy overview report, 10 

U.S.C. § 2504.

271 Addressed in FY 2019 NDAA Section 

812(b)(35).

24aa Terminate in 2021 the statutory requirement for the Distribution of 

Chemical and Biological Agents to Non-Federal Entities annual overview 

report, FY 2008 NDAA, 1034(d).

272

24ab Terminate in 2021 the statutory requirement for the Research and 

Development in Defense Laboratories annual funding report, FY 2009 

NDAA, 219(c).

274
7

VOLUME 2 – JUNE 2018

# Recommendations Page Status

25 Streamline and adapt hiring authorities to support the acquisition 

workforce.

64 Partially addressed by Section 1109 of FY

2020 NDAA

26 Convert the Civilian Acquisition Workforce Personnel Demonstration 

Project (AcqDemo) from an indefinite demonstration project to a 

permanent personnel system.

78

27 Improve resourcing, allocation, and management of the Defense Acquisition 

Workforce Development Fund (DAWDF).

87 Addressed by FY 2020 NDAA section 1010, 

which changes the name to Defense 

Acquisition Workforce Development 

Account

28 Simplify the selection of sources for commercial products and services. 102

29 Revise 41 U.S.C. §§ 1501-1506 to designate the Cost Accounting Standards 

Board as an independent federal organization within the executive branch.

114 Partially addressed by Section 810 of FY

2020 NDAA, which repeals the Defense Cost 

Accounting Standards Board

30 Reshape CAS program requirements to function better in a changed 

acquisition environment.

122

31 Eliminate the statutory and regulatory distinction between personal 

services contracts (PSC) and nonpersonal services (NPS) contracts.

148

32 Exempt DoD from paying the Federal Retail Excise Tax. 162

33 Update the Assignment of Claims processes under FAR Part 32.805. 168

34 Repeal certain Title 10 sections and note sections, create a new Part V under 

Subtitle A of Title 10, and redesignate sections in Subtitles B–D to make room 

for Part V to support a more logical organization and greater ease of use.

172 FY 2019 NDAA Sections 801, 806,807, 808, 

809 set forth the “china cabinet” structures; 

Section 812; DFARS Case 2018-D059.

VOLUME 3 – JANUARY 2019

# Recommendations Page Status

35 Replace commercial buying and existing simplified acquisition thresholds 

with readily available and readily available with customization for DoD.

17

36 Transition from a program-centric execution model to a portfolio execution 

model.

53

37 Implement a defensewide capability portfolio framework that provides an

enterprise view of existing and planned capability, to ensure delivery of

integrated and innovative solutionsto meet

strategic objectives.

64
8

38 Implement best practices for portfolio management. 76

39 Leverage a portfolio structure for requirements. 87

40 Professionalize the requirements management workforce. 98

41 Establish a sustainment program baseline, implement key enablers of 

sustainment, elevate sustainment to equal standing with development and 

procurement, and improve the defense

materiel enterprise focus on weapon system readiness.

102

42 Reduce budgetary uncertainty, increase funding flexibility, and enhance 

the ability to effectively execute sustainment plans and address emergent 

sustainment requirements.

121

43 Revise acquisition regulations to enable more flexible and effective 

procurement of consumption-based solutions.

136 Partially addressed by Directive Report Language 

in FY 2020 NDAA, which requires a feasibility 

study on consumption-based solutions.

44 Exempt DoD from Clinger–Cohen Act Provisions in Title 40. 149

45 Create a pilot program for contracting directly with information 

technology consultants through an online talent marketplace.

162

46 Empower the acquisition community by delegating below threshold 

reprogramming decision authority to portfolio acquisition executives.

177

47 Restore reprogramming dollar thresholds to match their previous levels 

relative to inflation and the DoD budget.

186

48 Increase to 50 percent the lesser of 20 percent restriction that creates 

artificially low reprogramming thresholds for smaller programs.

192

49 Provide increased flexibility to the time periods within which contract 

obligations are permitted to occur.

195

50 Enact regular appropriations bills on time. 230

51 Mitigate the negative effect of continuing resolutions by allowing 

congressional regular appropriations to remain available for a standardized 

duration from date of enactment.

232

52 Permit the initiation of all new starts, provided Congress has appropriated 

sufficient funding.

236

53 Permit the initiation of all production rate increases, provided Congress 

has appropriated sufficient funding.

239

54 Permit the initiation of multiyear procurements under a CR. 241

55 Raise the Prompt Payment Act threshold. 242

56 Use authority in Section 1077 of the FY 2018 NDAA to establish a revolving 

fund for information technology modernization projects and explore the 

250
9

feasibility of using revolving funds for other

money-saving investments.

57 Modify fiscal law to extend the duration of when funds cancel from 5 years to 

8 years in expired status to align program acquisitions with funding periods 

and prevent putting current funds at

risk and to support meeting appropriation intent.

256

58 Address the issue of over-age contracts through (a) establishing an end-to-end, 

integrated, streamlined process, (b) codifying DCMA’s Quick Close Out class 

deviation in the DFARS, and

(c) extending DCMA’s Low Risk Quick Close Out initiative by 2 years.

263

59 Revise the Defense Acquisition Workforce Improvement Act to focus more on 

building professional qualifications.

273 Addressed in Section 861 of FY 2020 NDAA, 

“Defense acquisition workforce certification, 

education, and career fields.” 

60 Implement acquisition career paths that are integrated with an institutionalized 

competency model tailored to mission needs.

285 Addressed in Section 861 of FY 2020 NDAA, 

“Defense acquisition workforce certification, 

education, and career fields.” 

61 Create a comprehensive public–private exchange program for DoD’s 

acquisition workforce.

305 Addressed in Section 863 of FY 2020 NDAA, 

“Modification of temporary assignments of 

Department of Defense employees to a privatesector organization.”

62 Update the FAR and DFARS to reduce burdens on DoD’s commercial supply 

chain to decrease cost, prevent delays, remove barriers, and encourage 

innovation available to the Military Services.

324

63 Create a policy of mitigating supply chain and performance risk through 

requirements documents.

326 Related: Supply chain management and risk 

mitigation assessed broadly in FY 2020 

NDAA Section 836 and Sections 845-85; 

conference direct report language mentions 

809 panel recommendation.

64 Update socioeconomic laws to encourage purchasing from nontraditional 

suppliers by (a) adopting exceptions for DoD to domestic purchasing 

preference requirements for commercial products, and (b) adopting a public 

interest exception and procedures for the Berry Amendment identical to 

the ones that exist for the Buy American Act.

330

65 Increase the acquisition thresholds of the Davis–Bacon Act, the Walsh–Healey 

Public Contracts Act, and the Services Contract Act to $2 million.

334

66 Establish a purpose statement for bid protests in the procurement system to 

help guide adjudicative bodies in resolving protests consistent with said 

341
10

purpose and establish a standard by which the effectiveness of protests may 

be measured.

67 Reduce potential bid protest processing time by eliminating the opportunity to 

file a protest with the COFC after filing at the GAO and require the COFC to 

issue a decision within 100 days of ordering a procurement be delayed.

345

68 Limit the jurisdiction of GAO and COFC to only those protests of 

procurements with a value that exceeds, or are expected to exceed, $75,000.

355

69 Provide as part of a debriefing, in all procurements where a debriefing is 

required, a redacted source selection decision document and the technical 

evaluation of the vendor receiving the debriefing.

358

70 Authorize DoD to develop a replacement approach to the inventory of 

contracted services requirement under 10 U.S.C. § 2330a.

360 Senate Report on FY 2020 NDAA (S. Rpt 

116-48) directs Secretary of Defense to 

review management and oversight of service 

contracts, including service contract 

inventories. 

71 Adopt a professional practice guide to support the contract audit practice 

of DoD and the independent public accountants DoD may use to meet its 

contract audit needs, and direct DoD to establish a working group to 

maintain and update the guide.

375

72 Replace 18 system criteria from DFARS 252.242-7006, Accounting System 

Administration, with an internal control audit to assess the adequacy of 

contractors’ accounting systems based on seven system criteria.

379

73 Revise the definition of system deficiencies to more closely align with 

generally accepted auditing standards.

381

74 Eliminate redundant documentation requirements or superfluous approvals 

when appropriate consideration is given and documented as part of acquisition 

planning.

395

75 Revise regulations, instructions, or directives to eliminate non-value-added 

documentation or approvals.

408 Rec. 75b implemented in Section 865 of FY 

2019 NDAA.

76 Revise the fair opportunity procedures and require their use in task and 

delivery order competitions.

416

77 Require role-based planning to prevent unnecessary application of security 

clearance and investigation requirements to contracts.

422

78 Include the supply of basic energy as an exemption under FAR 5.202. 427

79 Enable enhanced use of advanced payments, at time of contract award, to 

small businesses.

431
11

80 Preserve the preference for procuring commercial products and services when 

considering small business set-asides.

434

81 Clarify and expand the authority to use Other Transaction agreements for 

production.

440

82 Provide Armed Services Board of Contract Appeals authority to require filing 

of contract appeals through an electronic case management system.

448

83 Raise the monetary threshold to provide agency boards of contract appeals 

accelerated, small business, and small claims (expedited) procedures to 

$250,000 and $150,000 respectively.

450

84 Direct DoD to communicate with the marketplace concerning acquisition from 

development of the need/requirement through contract closeout, final 

payment, and disposal.

456

85 Establish a Market Liaison at each acquisition activity to facilitate 

communications with industry.

463 OMB Myth-busting Memo #4 (April 2019)

requires each CFOA agency to designate an 

industry liaison.

86 Encourage greater interaction with industry during market research. 467

87 Establish a market intelligence capability throughout DoD to facilitate 

communication that enhances the government’s industry knowledge through 

open, two-way communication.

472

88 Use existing defense business system open-data requirements to improve 

strategic decision making on acquisition and workforce issues.

477

89 Direct DoD to consolidate or eliminate competing data architectures 

within the defense acquisition and financial system.

483

90 Reorganize Title 10 of the U.S. Code to place all of the acquisition provisions 

in a single part, and update and move acquisition-related note sections into the 

reorganized acquisition part of Title 10.

500

91 Require the Administrator of General Services and the Secretary of Defense to 

maintain the FAR and DFARS respectively, as electronic documents with 

references to the related statutes, Executive Orders, regulations, and policies, 

and with hyperlinks to Federal Register Notices.

506

92 Minimize the flowdown of government-unique terms in commercial buying 

by implementing the Section 809 Panel’s Recommendation 2.

512

93 Create a Center for Acquisition Innovation located at the National Defense 

University, Eisenhower School.

516 Section 835 of FY 2020 NDAA creates 

“extramural acquisition innovation and 

research activities, which shall include an 

acquisition research organization within a 
12

civilian college or university” and includes 

archiving and tracking Section 809 Panel 

recommendations.