Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Friday, October 30, 2009

The Problem With Political Talking Points


Political talking points are more prevalent now than ever before. And with our heightened technological fluency and decreased attention span I imagine we will likely continue down that path. I found an article a while back that illustrates what damage can be done in an industry that I am quite familiar with; government acquisition.

The acquisition reform legislation passed by Congress is forcing major defense companies to sell subsidiaries so they don’t fall afoul of new restrictions forbidding manufacturers from owning companies that advise the government about acquisitions.

The most glaring example appears to be the pending sale by Northrop Grumman of TASC, a company with some 5,000 employees who provide the military and, especially, the intelligence community with technical advice on acquisitions and operations.

Loren Thompson, a defense analyst at the Lexington Institute, just said “yes” when I asked him if the TASC sale is largely being driven by language in the Weapons Systems Acquisition Reform Act drafted by Sens. Carl Levin and John McCain, the chairman and ranking member of the Senate Armed Services Committee. Several experienced space acquisition experts said independently that the TASC sale was being driven by the bill. The relevant text can be found in Section 207 of the bill, which requires the creation of regulations forbidding “organizational conflicts of interest.”


The long and short of it is that congress doesn't want large defense contractors advising the government on requirements while also profiting from the sale of weapons systems to satisfy those requirements. Sounds great right? Especially at a time when our national debt is higher than ever and we are spending such a large portion of our budget on defense. Not only does it sound great but it sounds a hell of a lot better when structured as a political talking point. When framed from a congressman, the tale is often told that the altruistic public servant is battling the large evil defense contractor in an effort to salvage taxpayer dollars that are greedily being hoarded. This is where those talking points can lead to legislation that gets us into trouble.

“You could get an ethically pristine arrangement that is bound to end in disaster,” with broad and ethically driven acquisition reform, Thompson said.

Thompson added that there are so few companies that know much about the technologies and operations of the NRO that restrictions could end up depriving the country of even the semblance of competition. “The problem with any one-size-fits-all approach to acquisition reform is that it leaves so little leeway for individual cases. In the case of the NRO there are only a handful of companies who understand reconnaissance satellites well, so if you start arbitrarily excluding players from the process due to conflicts that could have the unexpected result of creating monopolies,” he said.

Since Boeing’s disastrous management of the Future Imagery Architecture program, the NRO’s business has reverted to the companies that traditionally dominated the contracts issued by the Chantilly, Va. agency, leaving the industrial base there even smaller than it had been.

In addition to the possible creation of monopolies of crucial technologies, the new law may also dry up something that mey be even more precious, the experts say. That is the expertise possessed by companies such as TASC in helping ensure the government buys what it needs, builds it well and gets what it pays for. The government has largely lost the rare expertise needed to assess and analyze the acquisition of highly complex satellite systems, industry and government experts say.


The situation above is the problem with political talking points. "We need Acquisition reform!" However the problem is never as easy as the politicians package it to be. Then a "solution" creates so many second and third order consequences that a year down the road the government will legislate the other direction making efficient and timely acquisition impossible for the front line workers. Check out the Federal Acquisition Regulation (FAR) if you need proof. I am all for creating a set of rules and boundaries that encourage integrity within business, but we cannot just use a political talking point as the basis for the entire problem. If we do then we will continue to get "solutions" that open the door for new and unforeseen problems as a result of the legislation.

The major weapons systems that the big players in the defense industry are designing are incredibly complex. The companies have incredible amounts of expertise and float an immense amount of capital investment and infrastructure in order to support what our country needs for defense. Those demands and barriers to entry have already limited the amount of competition available to design a new aircraft for instance. If Thompson's prediction of even more limited competition comes true you can bet that costs to procure what the war fighter demands will increase dramatically. Which obviously is the exact opposite intention of the talking point. I know I fell into the trap of listening to digestible sound bites especially around election time, but the problems that are being legislated are often much deeper than the talking point used to deliver them.

Monday, July 20, 2009

Finally Some Good Legislation On TAP!


If you are a consistent BadskiBlog reader you know that my posts can give our politicians a pretty hard time. Don't feel too bad for those guys just yet, they are doing just fine. Besides what is more patriotic than being critical of your elected officials? If you aren't a watch dog who is going to be? With that said I am always willing to give credit where credit is due and that is why I am pleased to present all you readers with some great news regarding a trend in recent legislation. Ben Franklin once said that "beer is proof that god loves us and wants us to be happy." Well it seems like our nation's leaders are taking a page from the playbook of leaders past and instituting legislation that's striding farther and farther from the prohibition days.

As state lawmakers work on a budget that raises North Carolinians' taxes and slashes the services they use, they're also poised to offer something to offset some of the pain — free beer.
While wine tastings have become commonplace, states from Vermont to Texas to Washington have moved to let people take a sip of a cold one before deciding what brand to buy.

Beneficiaries include microbreweries that sometimes have few other ways to advertise. "One of the big benefits of a tasting is it allows a brewer to make a face-to-face connection with the person enjoying the beer," says Paul Gatza, director of the Brewers Association.


I am actually going to a beer tasting tonight at PJ Whelihans Bar and Grill in Cherry Hill, New Jersey. The event is being hosted by a friend of mine who works for a wine distributor who has recently seen a large increase in demand for beer distribution. I have come across a few articles in the past that are speaking about the huge market share capture of the microbrew industry. I think that the new generation of beer drinkers are beginning to turn the industry into one that is very similar to the wine industry. People enjoy pairing it with different foods, are becoming educated on the different types, and are creating a social scene around a common love of beer. Good ol' Ben Franklin would be proud. Not everyone is thrilled with this trend, especially the large American breweries. However this is not always the case.

Tastings also can give an edge to larger breweries with the staff to make the rounds, Paul Gatza, director of the Brewers Association says.

Vermont started allowing beer tastings last year, one year after authorizing similar events for wine, says George Bergin, owner of the Beverage Warehouse in Winooski, Vt.

"Beer tastings are probably our most popular events, more so than wine," Bergin says. "We will have people standing in line for four hours to try beer."


Luckily for beer drinkers many legislators are not giving in to those resistant to relaxed laws on beer tastings.

Few North Carolina lawmakers have opposed the bipartisan effort to allow beer tastings, despite some objections. Mark Creech of the Christian Action League of North Carolina says beer, unlike wine, is the beverage of choice for underage drinkers.

Rep. Thom Tillis, a Charlotte Republican, assured lawmakers that tastings wouldn't attract minors used to cheap beer. Milwaukee's Best, he says, is unlikely to be on the menu.


I agree with Rep. Tillis. I actually worked as a volunteer at the Great American Beer Festival in Denver while I was in college and although the crowd was lively, there was little to no disturbing behavior and no underage drinking. The experience was a great one built around camaraderie and a love of beer. The thing about tastings is that the brewers interests are aligned with creating a positive atmosphere without pushing the boundaries of legality.

I have made you aware of this great shift in beer drinking freedom, now go forth and make Ben proud, and enjoy some free beer.