Section 809 Panel - Recommendation #92 - Minimize the Flowdown of Government-unique Terms in Commercial Buying by Implementing the Section 809 Panel's Recommendation #2

Abstract

Sections of the Fiscal Year (FY) 2018 and FY 2019 National Defense Authorization Acts direct the Department of Defense (DoD) to analyze contract clauses based on statute currently applicable to commercial buying, and with the goal of reducing the number of flow-down clauses, identify those that should remain. Given that DoD has failed to narrow the list of flow-down clauses in the past, despite having the authority to do so, this approach is unlikely to effectively reduce applicable flow-down clauses. The Section 809 Panel recommends these two provisions be rescinded and Congress instead adopt the panel's Recommendation #2.