Restrictions on Flight Simulators Questioned
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By Pete Steffes and Chandra Burnside
Last month, NDIA President and CEO Lawrence P. Farrell sent a letter to the chairmen and ranking members of the House and Senate Defense Authorization and Appropriations committees expressing concern that a legislative restriction on providing flight simulators to the military services has the potential to seriously impact the readiness of our aviators in the military services.
Section 832 of the Fiscal Year 2007 National Defense Authorization Act (P.L. 109-364) prohibits the secretary of defense from entering into a service contract to acquire a military flight simulator. The secretary of defense may waive this prohibition if he determines that a waiver is necessary for national security purposes and a written economic analysis is provided to the congressional defense committees at least 30 days in advance. The required economic analysis must include a clear explanation of the need for the contract and an examination of at least two alternatives for fulfilling the contract requirement. The waiver requirement in Section 832 would unnecessarily add another layer of oversight that could hinder the acquisition of military flight simulator services and ultimately have a significant impact on readiness.
Recently, members of Congress raised concerns about what they perceive as a general trend toward the use of annual operations and maintenance appropriations funds for long-term equipment needs. NDIA recognizes these concerns, however Section 832 improperly and unnecessarily imposes restrictions on the legitimate use of services contracts. Recognizing Congress’ desire for detailed information to show that a given service acquisition is cost effective and appropriate, NDIA supports the requirement for the Defense Department to prepare a business case analysis prior to entering into any service contract for the provision of a military flight simulator and to make analyses available to the congressional defense committees.
Congress should allow time for full implementation of Section 812 of the Fiscal Year 2006 National Defense Authorization Act (P.L. 109-163), which required each military service or department to establish a senior official responsible for management oversight of service contracts. That provision strengthened language that had been included in Section 802 of the Fiscal Year 2002 National Defense Authorization Act (P.L. 107-107). On Oct. 2, the undersecretary of defense for acquisition, technology and logistics issued implementing guidance to each of the military services and departments, and they are implementing these provisions in a manner that is consistent with that particular department’s operations. NDIA strongly believes these previously existing legislative requirements provide the necessary oversight for all service contracts, not just military flight simulators.
Farrell’s letter concluded with a request that Congress consider repealing Section 832 in its consideration of the National Defense Authorization and Appropriations Acts for fiscal year 2008. Action on these annual policy and funding bills is expected to take place this summer.
Next month, NDIA’s Small Business Division will call to order the fourth National Small Business Conference — “Critical Infrastructure Protection Opportunities.” This year’s event will be held in Houston, Texas, May 15-17, and is a valuable opportunity for small businesses, government decision makers and prime contractors to interface. The objective of this event is to assist small companies in identifying business opportunities to support the Departments of Homeland Security and Defense missions. The conference aims to strengthen the relationships between important government decision makers, key prime contractor players and small business leaders. This year’s distinguished keynote speakers include Jay Cohen, DHS undersecretary of science and technology, and Peter Verga, principal deputy of homeland defense at the office of the under secretary of defense for policy.
Since 2002, NDIA’s government policy team has been responsible for the organization of the Small Business Division. After much work establishing a viable executive committee, the division produced its first National Small Business Conference in 2004, anchored by the San Diego chapter’s extensive resources. This event was extremely successful and widely attended. Since 2004, the division has planned and executed a second and third conference, and is planning a fifth back in San Diego in 2008. Additionally, the division has developed two regular breakfast series in Washington — the Small Business Solutions Series and the Small Business Opportunities Series — both of which have seen strong participation.
Meeting details, including the full agenda, can be found at www.ndia.org/7140. For more information about the other activities of the Small Business Division, contact Chandra Burnside at cburnside@ndia.org or 703-247-2595.
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