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

Subtitle F — Improve Acquisition Act

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. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION REGULATION AND THE DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT.

(a) Review Required- The Secretary of Defense, in consultation with the Administrator for Federal Procurement Policy and the heads of such other Federal agencies as the Secretary considers appropriate, shall review the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to ensure that such regulations include appropriate guidance for and references to services acquisition that are in addition to references provided in part 37 and the Defense Supplement to part 37.

(b) Matters Considered- The review required by subsection (a) shall consider the extent to which additional guidance is needed--

(1) to provide the tools and processes needed to assist contracting officials in addressing the full range of complexities that can arise in the acquisition of services; and

(2) to enhance and support the procurement and project management community in all aspects of the process for the acquisition of services, including requirements development, assessment of reasonableness, and post-award management and oversight.

(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing--

(1) a summary of the findings of the review required by subsection (a); and

(2) any recommendations that the Secretary may have for changes to the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to address such findings, including identifying any changes that are necessary to improve part 37 (which specifically addresses services acquisitions).

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 107. REQUIREMENT TO INCLUDE REFERENCES TO SERVICES ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION REGULATION.

(a) Findings- Congress finds the following:

(1) The acquisition of services can be extremely complex, and program management skills, tools, and processes need to be applied to services acquisitions.

(2) An emphasis on the concept of `services' throughout the Federal Acquisition Regulation would enhance and support the procurement and project management community in all aspects of the acquisition planning process, including requirements development, assessment of reasonableness, and post-award management and oversight.

(b) Requirement for Changes to FAR- The Federal Acquisition Regulation shall be revised to provide, throughout the Regulation, appropriate references to services acquisition that are in addition to references provided in part 37 (which relates specifically to services acquisition).

(c) Deadline- This section shall be carried out within 270 days after the date of the enactment of this Act.

From H. R. 5013:  Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SEC. 107. REQUIREMENT TO INCLUDE REFERENCES TO SERVICES ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION REGULATION.

(a) Findings- Congress finds the following:

(1) The acquisition of services can be extremely complex, and program management skills, tools, and processes need to be applied to services acquisitions.

(2) An emphasis on the concept of `services' throughout the Federal Acquisition Regulation would enhance and support the procurement and project management community in all aspects of the acquisition planning process, including requirements development, assessment of reasonableness, and post-award management and oversight.

(b) Requirement for Changes to FAR- The Federal Acquisition Regulation shall be revised to provide, throughout the Regulation, appropriate references to services acquisition that are in addition to references provided in part 37 (which relates specifically to services acquisition).

(c) Deadline- This section shall be carried out within 270 days after the date of the enactment of this Act.

The House bill contained a provision (sec. 107 of Division D) that would require that the Federal Acquisition Regulation (FAR) be revised to incorporate appropriate references to services acquisition.

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision, with an amendment that would require the Secretary of Defense, in coordination with the Administrator for Federal Procurement Policy and other appropriate agency heads, to review the FAR and the Defense Supplement to the FAR and make recommendations as to any changes that may be needed to ensure appropriate guidance for and references to services acquisition. As highlighted in the report of the Committee on Armed Services of the House of Representatives‟ Panel on Defense Acquisition Reform, “services acquisitions require at least the same level of discipline as weapon systems acquisition. Such discipline is critical for planning, requirements definition, market research, price reasonableness determinations, and project management and oversight.” While the FAR now includes references to the term “services,” a review focused on services acquisition throughout the FAR would enhance and support the procurement and project management community in all aspects of the acquisition planning process.

From H. Rpt. 111-465, accompanying  H. R. 5013: Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SECTION 107--REQUIREMENT TO INCLUDE REFERENCES TO SERVICES CONTRACTING THROUGHOUT THE FEDERAL ACQUISITION REGULATION

This section includes congressional findings related to the complexity of services acquisition. This section would require that the Federal Acquisition Regulation (FAR) be revised to provide appropriate references to services contracting throughout the FAR within 270 days after the date of enactment of this Act.