Contractors who sell products and services, directly or indirectly, to the Department of Defense (DoD) have a unique opportunity in the coming weeks to provide input to the Defense Acquisition Performance Assessment (DAPA) panel, which is responsible for developing recommendations to improve the DoD’s acquisition of major weapons systems.
In the wake of the recent procurement scandal involving Darlene Druyan and numerous high-profile budget overruns on major defense acquisition programs, Acting Deputy Secretary of Defense Gordon England issued an acquisition action plan memorandum on June 7, 2005 charging the six-member DAPA panel "to consider every aspect of acquisition, including requirements, organization, legal foundations (like Goldwater-Nichols), decision methodology, oversight, checks and balances – every aspect."
Panel Will Recommend Acquisition Reforms
The panel’s work product will comprise "a recommended acquisition structure and processes with clear alignment of responsibility, authority and accountability." To date the panel has held five public meetings during which it has received input from DoD officials, industry representatives and trade associations, and academic/research institutions. Numerous interested individuals within these constituencies are also being interviewed. The panel continues to receive input directly through its web site at www.dapaproject.org.
Panel Needs More Input from Contractors, says General Kern
Retired Army General Paul Kern, who served as the commanding general of the Army Materiel Command, is a member of the panel. General Kern now serves as a senior counselor for The Cohen Group, with whom DLA Piper has a strategic alliance. He has indicated that although the panel has received valuable comments and suggestions from all of the major systems integrators, it has not received input from many of the mid-level and lower-tier contractors and subcontractors upon whom the integrators (and, ultimately, DoD) depend to produce major weapons systems. General Kern strongly encourages all interested stakeholders – but particularly those in the middle to lower tiers of the performance process – to offer their input, and soon.
Time Is Running Out
The panel’s report and action plan is expected to be a key component of the 2006 Quadrennial Defense Review and reportedly could have significant implications for the defense industry. The plan is currently scheduled to be submitted to Secretary England by mid-November and then to Congress by late November. The time for submitting comments to the panel is rapidly closing.
If you or your company is interested in communicating with the DAPA panel on any aspect of defense acquisition, please feel free to contact any of DLA Piper’s Government Contracts attorneys, and we will forward your comments directly to General Kern. Alternatively, the panel will continue to receive your comments through its web site at www.dapaproject.org.
This article is intended to provide information on recent legal developments. It should not be construed as legal advice or legal opinion on specific facts. Pursuant to applicable Rules of Professional Conduct, it may constitute advertising.
