NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
P. L. 112-81	House Conference Report 112-329
SEC. 817. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE. Section 801(d) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by striking `with the requirements' and all that follows and inserting `with the following: `(1) The Federal Acquisition Regulation and other laws and regulations that apply to procurements of property and services by Federal agencies. `(2) Laws and regulations (including applicable Department of Defense financial management regulations) that apply to procurements of property and services made by the Department of Defense through other Federal agencies.'.	Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense (sec. 817) The Senate amendment contained a provision (sec. 844) that would amend section 801 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to clarify that when the Department of Defense makes purchases through non-defense agencies the other agencies are expected to comply with the requirements of the Federal Acquisition Regulation and other laws and regulations that apply to procurements by all federal agencies and with laws and regulations applicable to inter-agency transactions by the Department of Defense, but not with internal Department of Defense procurement rules. The House bill contained no similar provision. The House recedes.
	Senate Report 112-26
	Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense (sec. 844) The committee recommends a provision that would clarify the standards that a non-defense agency would have to meet to be suitable for interagency contracting by the Department of Defense. The provision recommended by the committee would require a non-defense agency to certify that the agency is compliant with: (1) the Federal Acquisition Regulation and other laws and regulations that apply to the procurement of property and services by federal agencies; and (2) laws and regulations that apply to procurements of property and services made by the Department of Defense through other federal agencies.