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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) AUTHORITY- Subsection (b) of section 2306c of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(5) Environmental remediation services for--

`(A) an active military installation;

`(B) a military installation being closed or realigned under a base closure law; or

`(C) a site formerly used by the Department of Defense.'.

(b) DEFINITIONS- Such section, as amended by section 811, is further amended by adding at the end the following new subsection:

`(h) ADDITIONAL DEFINITIONS- In this section:

`(1) The term `base closure law' has the meaning given such term in section 2667(h)(2) of this title.

`(2) The term `military installation' has the meaning given such term in section 2801(c)(2) of this title.'.

Conference Report 107-772

The Senate amendment contained a provision (sec. 827) that would authorize the use of multiyear contracts for the acquisition of environmental remediation services. (See Senate Amendment and Senate Report 107-151 below)

The House bill contained no similar provision.  

The House recedes.

Senate Amendment

SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR ENVIRONMENTAL SERVICES FOR MILITARY INSTALLATIONS.

(a) AUTHORITY- Subsection (b) of section 2306c of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5) Environmental remediation services for--

(A) an active military installation;

(B) a military installation being closed or realigned under a base closure law; or

(C) a site formerly used by the Department of Defense.'.

(b) DEFINITIONS- Such section is further amended by adding at the end the following new subsection:

(g) ADDITIONAL DEFINITIONS- In this section:

(1) The term `base closure law' has the meaning given such term in section 2667(h)(2) of this title.

(2) The term `military installation' has the meaning given such term in section 2801(c)(2) of this title.'.

Senate Report 107-151

Multiyear procurement authority for environmental services for military installations (sec. 827)

The committee recommends a provision that would amend section 2306c of title 10, United States Code, to cover environmental remediation services for an active military installation, an installation being closed or realigned under base realignment and closure procedures, or a formerly used defense site.

The Department of Defense proposed a legislative provision that would authorize a demonstration project using multiyear contracts for environmental remediation. The new authority would have been used to test the feasibility of using fixed-price multiyear contracts with incremental funding to obtain environmental remediation services.

Section 802 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 contained a new section 2306c of title 10, which creates permanent authority for multiyear contracts for the acquisition of services. Because permanent authority for multiyear service contracts is already available under section 2306c, the committee does not believe that a demonstration program is necessary.

The provision recommended by the committee would clarify that the authority provided in section 2306c extends to contracts for environmental remediation services. The committee encourages the Department to use this authority to issue competitive,

performance-based task orders containing firm, fixed prices for specific tasks to be performed in accordance with the policy set forth in section 821 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.