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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

(a) Repeal of Certification of Compliance of Certain Major Defense Acquisition Programs With Actions on Treatment of Systemic Problems Before Milestone Approval- Subsection (c) of section 204 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1723; 10 U.S.C. 2366a note) is repealed.

(b) Waiver of Requirement To Review Programs Receiving Waiver of Certain Certification Requirements- Section 2366b(d) of title 10, United States Code, is amended by adding the following new paragraph:

`(3) The requirement in paragraph (2)(B) shall not apply to a program for which a certification was required pursuant to section 2433a(c) of this title if the milestone decision authority--

`(A) determines in writing that--

`(i) the program has reached a stage in the acquisition process at which it would not be practicable to meet the certification component that was waived; and

`(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component; and

`(B) submits the written determination, and an explanation of the basis for the determination, to the congressional defense committees.'.

The House bill contained a provision (sec. 841) that would amend certain provisions of acquisition law to provide additional flexibility to the Department of Defense.

The Senate amendment contained a similar provision (sec. 802).

The House recedes.

House Report 112-078

This section would make three amendments to the Ike Skelton National Defense Authorization Act for fiscal year 2011 (Public Law 111–383) relating to acquisition. This section would strike the requirement in section 804 that the acquisition process for rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can appropriately be acquired under fixed price contracts. This section also would strike the requirement in section 812 for the Secretary of Defense to issue guidance requiring the use of manufacturing readiness levels as a basis for measuring, assessing, reporting, and communicating manufacturing readiness and risk. This section also would amend section 1073 by allowing, rather than directing, the Secretary of Defense to establish a defense research and development rapid innovation program.

Senate Report 112-26

The committee recommends a provision that would repeal section 204(c) of the Weapon Systems Acquisition Reform Act (WSARA) of 2009 (Public Law 111–23), as requested by the Department of Defense (DOD). This repeal would eliminate a requirement for DOD to retroactively certify programs initiated prior to the enactment of WSARA as being in compliance with WSARA standards. In addition, the provision recommended by the committee would eliminate the requirement to continually review and revalidate WSARA waivers in cases where no value would be added by this process.