Acquisition Reform:

DOD Acquisition Law Advisory Panel's Operations and Report

NSIAD-94-5: Published: Dec 1, 1993. Publicly Released: Dec 30, 1993.

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Pursuant to a congressional request, GAO reviewed the Department of Defense's (DOD) Acquisition Law Advisory Panel and its final report, focusing on: (1) whether the selection of Panel members and the Panel's operations complied with the Federal Advisory Committee Act (FACA) and its authorizing legislation; (2) the Panel's information-gathering and analytical approaches; and (3) whether the Panel's report presents opposing views to its recommendations for statutory change.

GAO found that: (1) the Panel's activities have complied with the requirements of FACA and its authorizing legislation; (2) the Panel has not selected a member to represent a particular segment of the business community; (3) the Panel's six functional and two ad hoc working groups have collected and analyzed information on major procurement statutes and prepared alternative proposals for legislative changes for the Panel's consideration; (4) the working groups have solicited data on the impact of procurement statutes, reactions to proposed changes, and background and policy information from a wide variety of sources; (5) the panelists have based their recommendations for statutory changes on their own expertise in line with the Panel's goals and objectives; (6) the Panel's final report includes differing views on 78 of its recommendations for statutory change and provides in-depth discussion of 30 of them; (7) 55 percent of the recommendations will substantially change DOD or governmentwide procurement statutes or procedures; (8) 26 percent of the recommendations will eliminate outdated or superseded laws, remove statutory inconsistencies and redundancies, and clarify existing statutory language; and (9) 15 percent of the recommendations will bring statutes into conformity with recommended statutory changes.

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