Shawn, nice little read here:
http://www.defense-aerospace.com/cgi-bin/client/modele.pl?shop=dae&modele=release&prod=150623&cat=3 from the Lexington Institute. It doesn't directly concern the protests/legal battles, but it sums it up nicely what is wrong, I think the proposed model (which sounds obvious and simple...) would also help against the (legal) protests about the acquisition system process and the outcomes. Instead of being requirement driven, development has more freedom to think outside the box or innovate. And on the DOD side, more freedom to buy the best product.
Although in some spaces, I don't think there's enough competitors to ensure that the companies develop the best possible product... resulting only in risk reduction driven development by the company, leaving the DOD with no other options (esp. when shopping abroad is a no-go). Most if not all examples giving in the article are products which huge export potential, of course they developed these. But who's going to develop a ICBM interceptor, or ICBM replacement for that, bomber or radar upgrade for a bomber, system like EMALS, or even something minor but specific to US needs in this new model.
On the other side of the scale, I'm still skeptical about this commercial model resulting in quicker acquisition... if one company has the best product and the other company the most affordable... and a limited number is then bought for each... for the first no sufficient additional funding can be secured... for the second, it may not meet operational demands. So then you're looking at another 5 years for either company to find the middle road, improve their product, then again a minimum buy. testing, opeval, funding approval, production ramp-up...again, looking at 15+ year acquisition processes?
Also, it's easy to forget that under urgent operational requirements funding was available more quickly, isn't that more the reason this MRAP program worked, huge market and the requirement gap to fill from the outset, it's hard to imagine that having happened in peace-time and/or for less obvious needed systems. And on that MRAP program... now it costs a lot more money too to maintain half and divest half of that fleet of vehicles, plus I would think that the acquisition cost was also higher than if acquired beforehand via the old system. That is was successful in equipping the warfighter within a short time period, doesn't say much about the model being successful under different circumstances. I wish I could think of something aviation instead of MRAP where I can say, see, it may not result in a better situation in the end. I'm not sure but I certainly had my doubts over some of these UOR acquisitions, certainly many were not best bang for the buck. Some things come to mind, but I don't want to list them because I don't know if they're comparable in the way they were developed: or had been on the roadmap already or were off-the-shelf systems, which is not what's being referred to.