New Pentagon Guidance is an Important Step Toward Making “Commercial-First” a Reality
With contributions from Meghna Sekaran
America’s warfighters need rapid access to the private sector’s most innovative technologies, but lengthy acquisition processes have historically complicated this important goal. The Department of War’s recent Commercial-First (opens in a new tab) and Prototype Other Transactions (opens in a new tab) guides offer a welcome opportunity to change that by providing practical tools to reshape how the government actually purchases commercial solutions.
The stakes for U.S. national security are high. In 2025, the Government Accountability Office (GAO) reported (opens in a new tab) that on average, the Department takes almost 12 years to deliver the first version of a weapon system, which is “not nearly fast enough to keep up with emerging threats or deliver innovative technology.” This is also woefully behind the evolution of commercial technologies, which means the government risks spending scarce resources on capabilities that are overtaken by innovation before they are ever deployed.
The only way for the Department of War (DoW) to close this gap is to buy commercial solutions using commercial purchasing authorities, terms, and conditions. ITI has long urged the U.S. government (opens in a new tab) to leverage existing technologies and accelerate acquisitions through streamlined purchasing procedures that mirror how technology is developed, bought, and sold in the private sector. DoW’s new Commercial-First guidance (opens in a new tab) advances that approach through practical tools, techniques, and resources that will make buying commercial technologies easier, faster, and more cost-effective.
The guidance (opens in a new tab) also makes commercial acquisition the Department’s default strategy by directing buyers to start with commercially available solutions and, to the maximum extent practicable, adjust government requirements to use them. Additionally, the document strengthens the authority of previously issued commercial item determinations, which must stand for subsequent procurements unless reversed in writing by the head of the contracting activity. New commercial item determinations must be completed on an expedited timeframe (i.e., within 15 days of a complete contractor request), which helps suppliers by providing faster and more predictable milestones within the Department’s acquisition process.
The Department’s Prototype Other Transactions Guide (opens in a new tab) also plays a role in accelerating the adoption of new and innovative capabilities by requiring DoW purchasers to use Other Transaction Agreements (OTAs) whenever the criteria for doing so are met. The guide permits government personnel to assess prototype proposals based on their technical/innovation value over the lifecycle of the capability, without considering initial pricing information. The guide also describes procedures for streamlining the movement of successful prototypes to full production—a critical step to avoid the all-too-common “valley of death” between testing and deployment that often impedes the government’s access to innovation. Finally, the guide encourages buyers to prioritize competition while using streamlined OTA procedures, which is critical for furthering the cycle of innovation by onboarding new capabilities.
ITI appreciates (opens in a new tab) that these resources signal DoW’s intent to adopt an “industry-driven mindset” that focuses on greater opportunities to partner with the private sector. The Department’s development of practical templates, examples, and best practices aligns well with ITI’s previous Revolutionary FAR Overhaul recommendations (opens in a new tab) that the government create and regularly update practitioner resources informed by frequent industry participation.
Time will tell whether the Department’s efforts are successful in meaningfully reducing acquisition timelines, managing costs, and increasing access to commercial innovation. The technology industry stands ready to help DoW by delivering faster access to mission-critical capabilities for warfighters.
Author
