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Keeping score on procurement reform

This piece cuts through the noise of bureaucratic reform rhetoric to deliver a sobering verdict: the machinery of defense procurement is not merely slow, it is actively resisting the very commercial innovation it claims to seek. While the White House has issued new mandates and the Secretary of War has declared a "Wartime Footing," the data reveals a system where the status quo remains unbroken, with commercial spending flatlining for over a decade despite billions in private sector investment. For leaders watching the clock on national security, this analysis offers a critical reality check: without radical structural intervention, new executive orders will simply be absorbed by a legacy system designed to reject them.

The Illusion of Progress

Defense Tech and Acquisition reports a startling statistic that anchors the entire argument: "The share of defense spending on commercial technology is no higher today than it was 14 years ago." This stagnation is particularly jarring given the massive influx of venture capital into defense tech over the last six years. The piece notes that despite the Federal Acquisition Streamlining Act of 1994 (FASA) mandating the purchase of commercial items to the maximum extent practicable, the government has consistently interpreted the law too narrowly. The article argues that the Department of War has limited "commercial" status to goods with established markets, ignoring the statute's broader intent to include bespoke development using commercial practices.

"The government is required to buy commercial technology to the maximum extent practicable... The logic is that industry eats the risk but also captures financial upside if its products are successful."

This framing is powerful because it highlights a fundamental misalignment of incentives. By clinging to cost-plus contracts and bespoke development, the government effectively socializes the risk while preventing the private sector from capturing the upside that drives innovation. The piece points out that in 2016, the nadir of this relationship, the Department spent only 16 percent on commercial technology—a year that also saw Palantir win a lawsuit against the government for violating these very FASA provisions. Critics might argue that defense-specific requirements are too unique for off-the-shelf solutions, yet the data suggests the definition of "unique" is being weaponized to maintain the old contracting model.

Keeping score on procurement reform

The Concentration Problem

Beyond the commercial/non-commercial divide, the analysis exposes a dangerous consolidation of power. The article observes that "Consistently, those companies receive one in every three dollars spent by the Department," referring to the five prime contractors. This concentration stands in stark contrast to World War II, when the top five firms received only 20 percent of awards. The piece warns that while programs like the Collaborative Combat Aircraft appear to diversify spending, the underlying data shows no real shift away from the legacy primes.

"When there is obvious discontent about the speed at which critical new systems are delivered, it's natural to question if continued concentration among the same set of companies has contributed to stagnation."

The authors make a compelling case that this stagnation is not accidental but structural. They note that the acquisition workforce, numbering over 160,000 people, is incentivized to prioritize compliance over outcomes. The threat of audits and Government Accountability Office reports looms large, creating a culture where "the machine has no ability to check itself." This is a crucial insight: the system is not broken in the sense of malfunctioning; it is functioning exactly as designed to protect itself from change. The piece further illustrates the difficulty of reform by noting that in FY 2025, 95 percent of new dollars were already fixed-price, yet the overall cost-plus share remained at 30 percent because the bulk of the budget is tied up in legacy programs.

The Path Forward

The editorial concludes that incremental change is insufficient. To move the needle on commercial spending by just five percentage points, the government would need to shift 63 percent of all new spend to commercial solutions—a massive leap that current mechanisms cannot support. The article proposes a radical solution: creating an elite committee of private-sector experts empowered to review and reject non-commercial procurement requests.

"The acquisition workforce has over 160,000 people... Members of this shadow service are incentivized to never deviate from the status quo and to prize documentation and compliance over outcomes."

This diagnosis is as sharp as it is uncomfortable. The piece suggests that without external pressure, the internal incentives will continue to favor the safe, expensive, and slow path of cost-plus contracting. The authors argue that contract officers should be required to publish a public notice of intent to circumvent FASA every time they pursue a non-commercial acquisition. This transparency would force accountability in real-time. However, a counterargument worth considering is whether such a committee would become a bottleneck itself, adding another layer of bureaucracy to an already sluggish process. The success of such a body would depend entirely on its authority to say "no" to program managers who have already invested political capital in specific vendors.

"Rapid efforts to create a commercial industrial base will undoubtedly be painful. They should also be a national imperative."

Bottom Line

The strongest part of this argument is its unflinching use of data to dismantle the narrative of reform, proving that executive orders alone cannot override decades of entrenched incentives. Its biggest vulnerability lies in the political feasibility of the proposed solutions, which require dismantling the very compliance culture that protects the acquisition workforce from legal liability. Readers should watch whether the next fiscal year's data shows a genuine shift in how "new starts" are categorized, as that will be the true litmus test for whether the administration is willing to break the machine or simply polish its gears.

"The machine has no ability to check itself."

The Human Cost of Bureaucracy

While the piece focuses heavily on dollars and contracts, the underlying stakes extend far beyond financial efficiency. The article notes that "The war in Iran is just the latest conflict to expose the fragility of the U.S. supply chain for critical weapons." When procurement systems prioritize compliance over speed and innovation, the result is a supply chain that cannot surge when lives are on the line. The inability to rapidly produce critical systems due to a reliance on a small number of legacy firms is not just a budgetary failure; it is a security vulnerability that directly impacts the safety of service members and civilians alike. The call to action is not merely about saving money, but about ensuring that the industrial base can actually support the defense of the nation when it matters most.

Deep Dives

Explore these related deep dives:

  • Federal Acquisition Streamlining Act of 1994

    Understanding the specific statutory loopholes and 'commercial item' definitions in this law explains why the article's data shows a decade-long stagnation despite repeated reform attempts.

  • Cost-plus contract

    This obsolete pricing model is the primary bureaucratic incentive structure that the new fixed-price mandates aim to dismantle, revealing why legacy contractors historically resist commercial acquisition reforms.

  • Federal Acquisition Regulation

    As a niche legal mechanism often used by DARPA to bypass standard procurement rules, this concept illustrates the specific 'workarounds' reformers have relied on when traditional laws like FASA fail to deliver speed.

Sources

Keeping score on procurement reform

Over the last year, the Trump administration has prioritized procurement reform, and specifically, the acquisition of commercial products. In Secretary of War Pete Hegseth’s “Wartime Footing” speech last year, he boldly stated “We will prioritize the purchase of industry-driven solutions, commercial solutions first, that meet our needs faster, even if that means bids do not meet every requirement.” The rhetoric mirrors Section 1822 of the 2026 National Defense Authorization Act (NDAA), which essentially requires the Secretary of War to approve every noncommercial acquisition. There is also Executive Order 14271 from April 2025, which requires every agency to review ongoing acquisitions that should have been commercial but were not, and Executive Order 14402 from April 2026, which mandates fixed-price contracts as the default.

These actions were welcome news for those of us who have long appreciated the straight line from effective procurement to a lethal warfighting force. The defense industry’s divergence from the commercial economy has led to unnecessary requirements and billions in waste while extending major program acquisition timelines to well over a decade—or two. Defense reformers have been burned in the past by failed attempts to encourage commercial acquisitions, but the strength of these initiatives leads many to believe that this time will be different.

Fiscal Year (FY) 2026 is the first full fiscal year under the new administration. It marks an inflection point: either we see the reforms begin to bear fruit, or FY 2026 looks much like the years before it. My new analysis of the Department of War’s spending from FY 2012 through FY 2025 shows that, based on the available data, little meaningful progress has been made in acquiring commercial solutions, buying products from commercial companies, or diversifying away from the five prime contractors. The data instead provides evidence of the acquisition workforce’s and legacy contractors’ enduring resistance to change. Breaking the bureaucratic status quo will require sustained and meaningful action.

The More Things Change.

The share of defense spending on commercial technology is no higher today than it was 14 years ago—a staggering fact when one considers the hundreds of billions of venture capital dollars invested in U.S. defense tech companies in the last six years. The government is required to buy commercial technology to the maximum extent practicable per the Federal Acquisition Streamlining Act (FASA) of 1994. Such products are developed at private expense and sold to the government via fixed price contracts. ...