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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) Requirement To Publish Notification for Bundling.--A contracting officer of the Department of Defense carrying out a covered acquisition shall publish a notification consistent with the requirements of paragraph (c)(2) of subpart 10.001 of the Federal Acquisition Regulation on the website known as FedBizOpps.gov (or any successor site) at least 30 days prior to the release of a solicitation for such acquisition and, if the agency has determined that measurably substantial benefits are expected to be derived as a result of bundling such acquisition, shall include in the notification a brief description of the benefits.

    (b) Covered Acquisition Defined.--In this section, the term ``covered acquisition'' means an acquisition that is--

    (1) funded entirely using funds of the Department of Defense; and

    (2) covered by subpart 7.107 of the Federal Acquisition Regulation (relating to acquisitions involving bundling).

    (c) Construction.--

    (1) NOTIFICATION.--Nothing in this section shall be construed to alter the responsibility of a contracting officer to provide the notification referred to in subsection (a) with respect to a covered acquisition, or otherwise provide notification, to any party concerning such acquisition under any other requirement of law or regulation.

    (2) DISCLOSURE.--Nothing in this section shall be construed to require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code, or is otherwise restricted from public disclosure by law or Executive order.

    (3) ISSUANCE OF SOLICITATION.--Nothing in this section shall be construed to require a contracting officer to delay the issuance of a solicitation in order to meet the requirements of subsection (a) if the expedited issuance of such solicitation is otherwise authorized under any other requirement of law or regulation.

   The House bill contained a provision (sec. 818) that would require the Department of Defense to publish the justification for bundling of contracts at least 30 days prior to the release of a solicitation that requires such bundling.

   The Senate amendment contained no similar provision.

   The Senate recedes with an amendment that would require the publication of a notification that is consistent with existing requirements and includes a brief description of the benefits that are expected as a result of the bundling.

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

SECTION 818--PUBLICATION OF JUSTIFICATION FOR BUNDLING OF CONTRACTS OF THE DEPARTMENT OF DEFENSE

This section would require that contracting officers of the Department of Defense make public the justification currently required in the Federal Acquisition Regulation, 30 days before issuing a solicitation which would result in bundling contracts of the Department, with certain limited exceptions.