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

Subtitle B — Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 115-

House Conference Report. 115-404

(a) Additional Requirements.—Subsection (b) of section 813 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat 2270; 10 U.S.C. 2305 note) is amended—

(1) in paragraph (5), by striking “; and” and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:


“(7) the Department of Defense would realize no, or minimal, additional innovation or future technological advantage by using a different methodology; and

“(8) with respect to a contract for procurement of goods, the goods procured are predominantly expendable in nature, nontechnical, or have a short life expectancy or short shelf life.”.

(b) Reporting Requirement.—

(1) IN GENERAL.—Subsection (d) of such section is amended by striking “contract exceeding $10,000,000” and inserting “contract exceeding $5,000,000”.

(2) APPLICABILITY.—The amendment made by this subsection shall apply with respect to the second, third, and fourth reports submitted under subsection (d) of section 813 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat 2271; 10 U.S.C. 2305 note).

The House bill contained a provision (sec. 856) that would amend section 813 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) to require the Secretary of Defense to amend the Defense Federal Acquisition Regulation Supplement to require that lowest price technically acceptable source selection criteria are only used in situations in which the Department would realize no or minimal additional innovation or future technological advantage, and, with respect to a contract for procurement of goods, the goods procured are predominantly expendable in nature, nontechnical, or have a short life expectancy. The provision would also require the avoidance of the use of lowest price technically acceptable source selection criteria when procuring certain types of electronic test and measurement equipment.

The Senate amendment contained a similar provision (sec. 825).

The House recedes with an amendment that makes technical clarifications.