Back to NDAA Contents

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

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitation

P. L. 111-

House Conference Report 111-288

    (a) Revision Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to ensure that any limitations described in subsection (b) are applicable to all categories of undefinitized contractual actions (including undefinitized task orders and delivery orders).

    (b) Limitations.--The limitations referred to in subsection (a) are any limitations on the reimbursement of costs and the payment of profits or fees with respect to costs incurred before the definitization of an undefinitized contractual action of the Department of Defense, including--

    (1) such limitations as described in part 52.216-26 of the Federal Acquisition Regulation; and

    (2) any such limitations implementing the requirements of section 809 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2326 note).

   The House bill contained a provision (sec. 811) that would require the Secretary of Defense to revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that regulatory limitations applicable to undefinitized contract actions apply to all categories of such contract actions.

   The Senate amendment contained no similar provision.

   The Senate recedes with an amendment clarifying the provision. The conferees agree that the limitations in the Supplement should apply to all categories of undefinitized contract actions, including undefinitized task orders and delivery orders, and undefinitized modifications to contracts, task orders, and delivery orders.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 811--REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT OF COSTS PRIOR TO DEFINITIZATION

This section would require the Secretary of Defense, within 180 days after the date of enactment of this Act, to revise the Defense Supplement to the Federal Acquisition Regulation to ensure that, when a clause relating to the payment of costs prior to definitization is included in a contract of the Department of Defense, such clause should apply to such contract regardless of the contract type and should also apply to all contract actions pursuant to such contract regardless of the type of the contract action.