The FAR needs a top to bottom scrubbing as well as some thought as to how its utility could be improved. Many sections of the FAR were developed years ago or pieced together from predecessor regulations dating back to the 60s when Federal procurement was supply-focused. Other sections of the FAR are a patchwork of concepts that, while "politically correct" at inception, no longer suit the needs of modern procurement and contracting practice. Still other sections reflect the ill-considered propensity of its drafters to embed Court, Board, and GAO interpretations and applications of regulations into the rules without determining whether that interpretation is desirable policy. Suggest that OFPP and the FARC commission a small group of recognized procurment experts and some out-of-the box thinkers to go through the entire document and recommend changes to clarify, better organize, re-vise, add, subtract, and otherwise re-think the regulatory scheme. This could include recommendations for statutory changes that have unnecessarily encumbered the system as well as consideration of the use of official commentary or explanatory notes as was done for the Uniform Commercial Code. Experts should include people like Ralph Nash and Vern Edwards as opposed to the usual folk who populate these commissions. Indeed, this would be a great way to capture and apply some of their wisdom before it is lost to the procurement community. Having once been responsible for the FAR, I have some insight into how it has been put together. It is time for a fresh look.
Idea No. 24