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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. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

(1) in subsection (a)(2)--

(A) in subparagraph (A), by inserting `(including all options)' after `not in excess of $100,000,000'; and

(B) in subparagraph (B), by inserting `(including all options)' after `in excess of $100,000,000'; and

(2) in subsection (e)(3)(A), by inserting `(including all options)' after `does not exceed $50,000,000'.

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

SEC. 834. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY OF THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

(1) in subsection (a)(2)--

(A) in subparagraph (A), by inserting `(including all options)' after `not in excess of $100,000,000'; and

(B) in subparagraph (B), by inserting `(including all options)' after `in excess of $100,000,000'; and

(2) in subsection (e)(3)(A), by inserting `(including all options)' after `does not exceed $50,000,000'.

The Senate committee-reported bill contained a provision (sec. 834) that would amend section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) to clarify that dollar limitations on the size of other transactions under that section include option amounts.

The House bill contained no similar provision.

The agreement includes the Senate provision with a clarifying amendment.

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

Inclusion of option amounts in limitations on authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects (sec. 834)

The committee recommends a provision that would clarify that the dollar thresholds applicable to prototype projects carried out pursuant to section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) include all option amounts.