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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND DELIVERY ORDER CONTRACTS.

Paragraph (3) of section 2304c(e) of title 10, United States Code, is amended to read as follows:

`(3) Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after September 30, 2016.'.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 833. ELIMINATION OF SUNSET DATE FOR PROTESTS OF TASK AND DELIVERY ORDER CONTRACTS.

Section 2304c(e) of title 10, United States Code, is amended by striking paragraph (3).

Extension of sunset date for certain protests of task and delivery order contracts (sec. 825)

The Senate committee-reported bill contained a provision (sec. 833) that would eliminate the sunset date in section 2304c of title 10, United States Code, which authorizes bid protests of certain task and delivery orders issued under Department of Defense contracts.

The House bill contained no similar provision.

The agreement includes the provision with an amendment extending the sunset date for an additional 5 years.

From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Elimination of sunset date for protests of task and delivery order contracts (sec. 833)

The committee recommends a provision that would amend section 2304c of title 10, United States Code, to eliminate the sunset date for protests of task and delivery orders under Department of Defense contracts. The sunset date was included in section 2304c to provide the committee an opportunity to adjust the provision if the new protest authority resulted in a surge of bid protests. In April 2009, the Government Accountability Office reported that only a handful of bid protests are attributable to the new authority. The committee concludes that no adjustment to the authority is needed.