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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. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS TO CONTRACTING WITH THE DEPARTMENT OF DEFENSE.

(a) Review and Recommendations- The Secretary of Defense, acting through the Director of Small Business Programs in the Department of Defense, shall review barriers to firms that are not traditional suppliers to the Department of Defense wishing to contract with the Department of Defense and its defense supply centers and develop a set of recommendations on the elimination of such barriers. The Director shall identify and consult with a wide range of firms that are not traditional suppliers to the Department of Defense for the purpose of identifying such barriers and developing such recommendations.

(b) Definition- For the purposes of this section, a firm is not a traditional supplier of the Department of Defense if it does not currently have contracts and subcontracts to perform work for the Department of Defense with a total combined value in excess of $500,000.

(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report summarizing the findings and recommendations of the review conducted pursuant to this section.

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

SEC. 405. BLUE RIBBON PANEL ON ELIMINATING BARRIERS TO CONTRACTING WITH THE DEPARTMENT OF DEFENSE.

(a) Requirement to Establish- The Secretary of Defense shall establish a panel consisting of owners of large and small businesses that are not traditional defense suppliers, for purposes of creating a set of recommendations on eliminating barriers to contracting with the Department of Defense and its defense supply centers.

(b) Members- The panel shall consist of nine members, of whom--

(1) three shall be appointed by the Secretary of the Army;

(2) three shall be appointed by the Secretary of the Navy; and

(3) three shall be appointed by the Secretary of the Air Force.

(c) Appointment Deadline- Members shall be appointed to the panel not later than 180 days after the date of the enactment of this Act.

(d) Duties- The panel shall be responsible for developing a set of recommendations on eliminating barriers to contracting with the Department of Defense and its defense supply centers.

(e) Report- Not later than one year after the date of the enactment of this Act, the panel shall submit to Congress a report containing its recommendations.

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

SEC. 405. BLUE RIBBON PANEL ON ELIMINATING BARRIERS TO CONTRACTING WITH THE DEPARTMENT OF DEFENSE.

(a) Requirement to Establish- The Secretary of Defense shall establish a panel consisting of owners of large and small businesses that are not traditional defense suppliers, for purposes of creating a set of recommendations on eliminating barriers to contracting with the Department of Defense and its defense supply centers.

(b) Members- The panel shall consist of nine members, of whom--

(1) three shall be appointed by the Secretary of the Army;

(2) three shall be appointed by the Secretary of the Navy; and

(3) three shall be appointed by the Secretary of the Air Force.

(c) Appointment Deadline- Members shall be appointed to the panel not later than 180 days after the date of the enactment of this Act.

(d) Duties- The panel shall be responsible for developing a set of recommendations on eliminating barriers to contracting with the Department of Defense and its defense supply centers.

(e) Report- Not later than 1 year after the date of the enactment of this Act, the panel shall submit to Congress a report containing its recommendations.

The House bill contained a provision (sec. 405 of division D) that would require the Secretary of Defense to establish a blue ribbon panel of business owners who are not traditional Department of Defense (DOD) contractors to make recommendations for eliminating barriers to contracting with the Department.

The Senate committee-reported bill contained no similar provision.

The agreement includes a provision that would require the DOD Director of Small Business Programs, after reaching out to a wide range of non-traditional contractors, to review and report on steps that could be taken to address such barriers.

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 405--BLUE RIBBON PANEL ON ELIMINATING BARRIERS TO CONTRACTING WITH THE DEPARTMENT OF DEFENSE

This section would require the Secretary of Defense to establish a panel consisting of owners of large and small businesses that are not traditional defense suppliers to formulate recommendations on eliminating barriers to contracting with the Department of Defense and its supply centers. The panel would consist of a total of nine members, three members appointed by the secretaries of each of the military departments. The appointments would be made within 180 days of the date of enactment of this Act. This section would require the panel to submit a report to Congress within one year of the date of enactment of this Act.