Restoring Common Sense to Federal Procurement
Summary
This executive order aims to reform the Federal Acquisition Regulation (FAR) to create a more efficient and agile procurement system. It directs the Administrator of the Office of Federal Public Procurement Policy, in coordination with the FAR Council and agency heads, to amend the FAR, removing unnecessary regulations and streamlining the procurement process. The order also mandates alignment of agency-specific supplemental regulations with the reformed FAR.
The goal is to reduce bureaucracy, expedite acquisitions, and expand the national and defense industrial bases. It also includes a regulatory sunset provision, requiring review and potential expiration of FAR provisions not mandated by statute.
The order references Executive Order 14192 (Unleashing Prosperity Through Deregulation) and aims to alleviate unnecessary regulatory burdens.
Expected Effects
The likely effect is a reduction in the complexity and volume of the FAR, leading to faster and potentially cheaper government procurement. Agencies will be required to review and revise their supplemental regulations to align with the reformed FAR.
This could lead to increased participation from businesses, especially smaller ones, in federal contracting. The sunset provision could lead to ongoing review and updating of regulations.
Potential Benefits
- Reduced Bureaucracy: Streamlining the FAR could significantly reduce administrative burdens for businesses interacting with the federal government.
- Increased Efficiency: A more agile procurement system could lead to faster acquisition of goods and services, saving taxpayer money.
- Expanded Industrial Base: Removing barriers could encourage more businesses, including small businesses, to participate in federal contracting.
- Cost Savings: More efficient processes and increased competition could lead to lower prices for goods and services purchased by the government.
- Improved Innovation: A more flexible system could allow for easier adoption of new technologies and innovative solutions.
Potential Disadvantages
- Potential for Abuse: Reduced regulations could create opportunities for fraud, waste, and abuse in the procurement process.
- Reduced Oversight: Less stringent regulations could lead to lower quality goods and services being acquired by the government.
- Unintended Consequences: Changes to the FAR could have unforeseen negative impacts on certain industries or sectors.
- Implementation Challenges: Reforming the FAR and aligning agency regulations could be a complex and time-consuming process.
- Economic Disruption: Some businesses may be negatively impacted by the changes in procurement processes.
Constitutional Alignment
The executive order is issued under the President's authority vested by the Constitution and laws of the United States. While the Constitution does not explicitly address federal procurement, Article II grants the President executive power, which can be interpreted to include managing the executive branch's operations, including procurement.
The order's focus on efficiency and fiscal responsibility aligns with the general welfare clause of the Constitution's preamble. However, the potential impact on specific industries or social equity considerations would need to be carefully monitored to ensure compliance with constitutional principles of equal protection.
The order does not appear to infringe on any specific constitutional rights or limitations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).