[Salon] Acquisition Reform, at a Crossroads



Acquisition Reform, at a Crossroads
Examining recent executive and legislative efforts to reform the defense acquisition system
  • May 5, 2025
The acquisition reform movement of the 1990s offers lessons for policymakers currently working to reduce regulatory oversight of the weapons acquisition system. These changes risk diminishing competition and increasing prices on military contracts, with uncertain benefits for both the military industrial base and U.S. taxpayers. Unless policymakers critically assess the impacts of 1990s reforms, they will likely amplify inefficiencies in the weapons acquisition system.
Introduction
The United States is on the precipice of major acquisition reform. Both the White House and Congress appear poised to drastically change the way that the Department of Defense purchases weapons.
In January 2025, the Trump administration issued an executive order (EO) titled “Unleashing Prosperity Through Deregulation.” According to the White House, the order established administration policy to be “prudent and financially responsible in the expenditure of funds and to alleviate unnecessary regulatory burdens placed on the American people.” A few months later, the White House cited the policy in connection to a pair of executive orders focused on drastic deregulation of the weapon acquisition process.
In the first acquisition-related EO, the president directed the Secretary of Defense to submit a plan to overhaul the acquisition system within 60 days. He ordered the secretary to privilege rapid acquisition pathways and to consider cancellation of any major defense acquisition programs more than 15% behind schedule or over budget, as compared to current Acquisition Program Baselines. The Secretary must also review “functional support roles” to eliminate “unnecessary tasks” in the weapon acquisition process.
“Restoring Common Sense to Federal Procurement” is a complementary EO in which the president directed the Federal Acquisition Regulatory (FAR) Council to eliminate any provisions in the FAR not explicitly required by statute within 180 days. The president likewise called for the eradication of any provisions that do not “support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.” From the administration’s perspective, deregulation will provide the acquisition system with the speed and flexibility required to revitalize the defense industrial base and strengthen U.S. military edge.
President Trump’s EOs have been well received by contractors and policy practitioners alike, who claim that onerous regulations are a barrier to entry for newcomers to the industry. However, sudden and sweeping deregulation of the weapons acquisition system is likely to reduce competition in the arms industry – which is already far from a free market. The president’s EOs will change the way the government purchases goods and services to an extent not seen since the 1990s, when the Clinton administration spearheaded the acquisition reform movement. Since then, lawmakers have continued to gut the weapon acquisition system while contractors have substantially increased cash paid to their shareholders at the expense of maintaining and building industrial capacity.
Essential Context
Prior to the 1990s, there were much more stringent regulations for weapons acquisition. The United States was in the throes of the Cold War, and military contractors were in high demand. Due to their tendency to over-promise, over-charge, and under-deliver, military contractors earned themselves the nickname “tin men” – a pejorative originally reserved for pyramid schemers selling aluminum siding in the 1950s. In 1962, Congress passed the Truth in Negotiations Act (TINA), enhancing pricing disclosure among military contractors. For those with no competitors, TINA required cost or pricing data from contractors to assess the price reasonableness of military contracts.
When the Cold War ended, the Clinton administration cut military spending and facilitated the consolidation of the industry. At the infamous “last supper,” Deputy Defense Secretary William Perry convened industry executives and told them to merge or go out of business. Acquisition reform followed. During the Clinton administration, Democrats deregulated the acquisition process, protecting the profits of newly formed defense giants. Today’s calls for acquisition reform closely resemble those of the 1990s.
1990s Reforms
Much like the Trump administration, Clinton officials argued that “removing red tape” would increase efficiency in the weapons acquisition process, enabling the United States to remain on the technological “cutting edge” even as Pentagon spending decreased. In reality, the defense industrial base continued to deteriorate in accordance with broader deindustrialization in the United States, as well as a greater focus on exporting U.S. arms – the parts for which were increasingly manufactured overseas. Meanwhile, military contractors gained greater flexibility to set prices on military contracts.
The Clinton administration created an acquisition environment more permissive of legal overcharging, in large part by significantly weakening TINA. When lawmakers passed the Federal Acquisition Streamlining Act (FASA) of 1994, they increased the threshold at which contractors are required to provide the government cost information from $100,000 to $500,000. By 2018, they increased the mandatory disclosure threshold to $2 million – where it remains today.
Lawmakers also hollowed out the definition of “commercial” products and services, formerly referred to as commercial items. This is important because contractors selling “commercial” products and services are not required to provide the government-certified cost or pricing data – which the Federal Acquisition Regulation defines as accurate, complete, and current cost data. Without this information, the Department of Defense is unable to ensure that it is paying fair prices. Yet under FASA, any product or service considered by the Pentagon to be “of a type” similar to an item sold commercially is designated as commercial – even if the item has never been sold to the public.
The alternative to cost-based military contracting is “price-based” acquisition. One of the biggest proponents of price-based acquisition in the 1990s was Jacques Gansler, President Clinton’s former Under Secretary of Defense for Acquisition and Technology. In his 1995 book “Defense Conversion,” Gansler – by then an arms industry executive – proposed that the government “use commercial terms and conditions in government contracts.” He argued that cost-based contracting ensures that money is “legitimately spent, which is very different from being cost effective.” Further, he believed that cost-based contracting was intrusive to commercial firms, which the Pentagon needed to keep pace with evolving security threats.
Risks of Further Deregulation
In a recent op-ed, Stan Soloway – Clinton’s former Deputy Under Secretary of Defense for Acquisition Reform, who reported directly to Gansler – argued that if done right, Trump’s acquisition reform efforts offer “the potential for real transformation.” He encouraged decision makers to expand on the reforms made during his tenure at the Pentagon in the 1990s, when he worked on both FASA and the Federal Acquisition Reform Act (FARA). However, these reforms failed to achieve the Clinton administration’s primary goal: to increase efficiency in the weapon acquisition process.
By 2012, the Department of Defense proposed that Congress narrow the definition of “commercial” items. According to the Federal News Network, the Pentagon argued that industry had long abused the reforms that “streamlined” the weapons acquisition process in the 1990s. Industry leaders opposed the department’s proposal to narrow the commercial definition on the grounds that it would prevent companies from working with the Pentagon, purportedly hurting competition and impeding the department’s ability to rapidly integrate new technologies. The proposal went nowhere.
In 2022, the Pentagon released a study revealing that military contractors increased cash paid to shareholders by 73% from the periods 2000-2009 to 2010-2019 while decreasing spending on capital investment and research and development. Accordingly, the Defense Department challenged contractors’ claims that profits are insufficient to finance investments in industrial capacity. Still, the Pentagon maintains that acquisition reform will help build military-industrial capacity.
Silicon Valley technology firms like Palantir have criticized traditional prime contractors not only for underinvesting in their businesses but also for relying on the government to reimburse capital investment and internal research and development. However, nontraditional tech firms and prime contractors agree on the need to “streamline” how the Pentagon buys weapons. They both stand to substantially benefit financially from an overhaul of the acquisition system.
Indeed, further deregulation of the weapon acquisition process would grant contractors significantly more leeway to overcharge the government on military contracts. By exempting more contractors from requirements to provide the Pentagon with certified cost or pricing data, policymakers would undermine the Pentagon’s ability to negotiate fair prices. Without the means to conduct proper cost analysis on contractors’ proposed prices, the Pentagon will inevitably grant contract awards well beyond fair and reasonable prices.
The Legislative Landscape
President Trump’s executive orders closely align with the “Fostering Reform and Government Efficiency in Defense” (FoRGED) Act, introduced by Senate Armed Services Committee (SASC) Chair Roger Wicker in December 2024. The FoRGED Act is incredibly broad-reaching, repealing large swaths of the Federal Acquisition Regulation while encouraging greater use of rapid acquisition pathways that do not require contractors to provide certified cost or pricing data. The sections below outline a few of the bill’s most impactful sections, should lawmakers enact them through the standalone bill or through the National Defense Authorization Act.
Sections 303-305
Sections 303, 304, and 305 of the FoRGED Act would eliminate the mandatory disclosure threshold for nontraditional contractors while significantly expanding contractor costs reimbursable by the government. Indeed, lawmakers would exempt nontraditional contractors from requirements for certified cost or pricing data – even if a contract exceeds the mandatory disclosure threshold of $2 million, already too high a threshold to require certified cost or pricing data.
Nontraditional contractors wouldn’t have to comply with contract cost principles and procedures, either. These outline the costs for which the government will reimburse contractors, known as “allowable costs.” According to these principles, allowable costs are reasonable, allocable to the relevant contract, aligned with the terms of the contract, and consistent with Cost Accounting Standards or Generally Accepted Accounting Principles. By exempting nontraditional contractors from cost principles and procedures, lawmakers would enable them to claim that any of their costs are allowable and reimbursable by the government.
Take, for example, interest on borrowing. Historically, interest is unallowable on federal contracts because allowing interest expense to be recognized would cause contractors to avoid using any of their own capital to finance contracts, especially if the cost of financing is an allowable cost. Access to free financing would eradicate any reason for shareholders to invest equity capital into a company. If implemented, Section 303 of the FoRGED Act would enable contractors to claim reimbursement on interest – not to mention the other costs of running a corporation, like those associated with mergers and acquisitions.
Section 304 cements contractors’ ability to charge any price on military contracts. Indeed, it effectively renders all products and services provided by nontraditional contractors as “commercial.” This provision will financially benefit Silicon Valley firms vying for military contracts, as Section 305 broadens the definition of a nontraditional contractor – in part by including companies that achieve greater than 30% year-over-year revenue growth. Tech firms boast much higher year-over-year revenue growth than traditional military prime contractors like Lockheed Martin or Northrop Grumman.
Ultimately, sections 303 through 305 could impede competition in military contracting. The Pentagon would award far more contracts based on prices proposed by contractors rather than any analysis of their costs or profits – even for sole-source contractors, which face zero competition. To make matters worse, contractors would be able to claim reimbursement on a broad array of newly allowable costs, even if they are entirely unrelated to government contract performance or contrary to long-standing public policy.
Sections 310 and 314
Sections 310 and 314 further undermine the Pentagon’s ability to negotiate fair deals on military contracts. Section 310 establishes a default determination that all products and services acquired by the Department of Defense are commercial while Section 314 renders all relevant laws and contract clauses enacted after 1994 inapplicable to commercial contracts – unless the Defense Secretary provides a written determination that it is in the Pentagon’s best interest to apply such a provision to a military contract. So while a contracting officer at the Pentagon may have negotiated a contract clause requiring some level of transparency from companies with commercial contracts, that clause would be unenforceable under the FoRGED Act.
Further, Section 314 would exempt what are known as “commercial off-the-shelf” (COTS) products from relevant defense-unique provisions of the law. Confusingly, “commercial off-the-shelf items are not the same as “commercial” products and services. Indeed, the Defense Department’s own website states that ‘the definition of COTS items is much narrower than ‘commercial.’” According to the Federal Acquisition Regulation, commercial-off-the-shelf items must be customarily used by the general public, sold in substantial quantities in the commercial marketplace, and offered to the government without modification. If “commercial” products and services were truly subject to price competition in the public marketplace, there would be no need to distinguish them from commercial-off-the-shelf items.
Conclusion
It is impossible to eliminate cost overruns and schedule delays overnight, even with drastic legal, regulatory, or policy changes. The military industrial base has constraints – its workforce not least among them. There is no guarantee that gutting the regulatory infrastructure for government contracting will enable the United States to deliver weapons to the U.S. military more quickly. What history reveals, however, is that deregulation will almost inevitably increase taxpayers’ burden by further legalizing overcharging and impeding price competition.
President Trump’s EOs and the FoRGED Act would decimate the Pentagon’s bargaining power with military contractors. They eliminate large sections of the FAR with little regard to the broader impacts.
Not only that, but a sweeping approach to reforming the acquisition process will only validate industry’s tendency to privilege its shareholders over almost any investments in their businesses. Former Secretary of the Navy Carlos Del Toro criticized military contractors for this inclination throughout his tenure at the Pentagon. In response to a request for comment from the Stimson Center, he said,
“At times, acquisition reform efforts can undercut regulations that also drive competition. Carelessly bypassing requirements in the FAR can sometimes leave the Pentagon open to unintended consequences that undermine competition in contracting.”
Both lawmakers and the Pentagon must heed his warning. Certified cost or pricing data is essential to make the Pentagon a better negotiator on military contract prices, and sweeping acquisition reform is not a silver bullet to build or maintain industrial capacity. On the contrary, it risks further empowering industry giants to overcharge the government and distribute excess profits to shareholders.



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