S.979 - Buying Faster than the Enemy Act of 2025 (119th Congress)
Summary
S.979, the "Buying Faster than the Enemy Act of 2025," aims to streamline the Department of Defense's acquisition processes, particularly for commercial products and services. The bill modifies existing regulations to expedite procurement, encourage innovation, and reduce bureaucratic obstacles. It focuses on enhancing the DoD's ability to rapidly acquire cutting-edge technologies and capabilities.
Expected Effects
The likely effect of this bill is faster procurement cycles within the DoD, increased reliance on commercial solutions, and greater flexibility in contracting. This could lead to quicker deployment of advanced technologies and a more agile defense acquisition system. The bill also seeks to reduce the burden of compliance for contractors, particularly subcontractors, dealing with commercial products and services.
Potential Benefits
- Faster acquisition of innovative technologies for national defense.
- Reduced bureaucratic hurdles for businesses, especially small businesses, seeking to work with the DoD.
- Increased flexibility for the DoD in awarding contracts, including sole-source follow-on contracts, when deemed necessary.
- Encouragement of the use of commercial solutions, potentially leading to cost savings.
- Streamlined contract clause requirements for subcontractors, reducing compliance burdens.
Potential Disadvantages
- Potential for reduced oversight and increased risk of waste, fraud, and abuse due to expedited processes and sole-source contracts.
- Possible erosion of transparency and competition in defense contracting.
- Risk that the focus on commercial solutions may overlook unique defense requirements.
- The increased percentage for advance payments could create financial risks if contracts are not properly managed.
- Potential for unintended consequences from changes to contract clause flowdown requirements.
Constitutional Alignment
The bill's focus on national defense aligns with the Constitution's charge to "provide for the common defence." (Preamble). Article I, Section 8 grants Congress the power to raise and support armies, provide and maintain a navy, and make rules for the government and regulation of the land and naval forces. The bill appears to fall within these enumerated powers, as it seeks to improve the efficiency and effectiveness of defense procurement. However, the streamlining of processes should be balanced with due process and oversight to ensure accountability and prevent potential abuses of power.
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).