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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) Elements in QDR Reports to Congress- Section 118(d) of title 10, United States Code, is amended--

(1) in paragraph (4)--

(A) in subparagraph (D), by striking `and' at the end;

(B) in subparagraph (E), by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new subparagraph:

`(F) the roles and responsibilities that would be discharged by contractors.';

(2) in paragraph (6), by striking `manpower and sustainment' and inserting `manpower, sustainment, and contractor support'; and

(3) in paragraph (8), by inserting `, and the scope of contractor support,' after `Defense Agencies'.

(b) Chairman of Joint Chiefs of Staff Assessments of Contractor Support of Armed Forces-

(1) ASSESSMENTS UNDER CONTINGENCY PLANNING- Paragraph (3) of subsection (a) of section 153 of such title is amended--

(A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(B) by inserting after subparagraph (B) the following new subparagraph (C):

`(C) Identifying the support functions that are likely to require contractor performance under those contingency plans, and the risks associated with the assignment of such functions to contractors.'.

(2) ASSESSMENTS UNDER ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET- Paragraph (4)(E) of such subsection is amended by inserting `and contractor support' after `area of manpower'.

(3) ASSESSMENTS FOR BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY- Subsection (d) of such section is amended--

(A) in paragraph (2), by adding at the end the following new subparagraph:

`(I) Assessment of the requirements for contractor support of the armed forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the risks associated with such support.'; and

(B) in paragraph (3)(B), by striking `and the levels of support from allies and other friendly nations' and inserting `the levels of support from allies and other friendly nations, and the levels of contractor support'.

The House bill contained a provision (sec. 852) that would require the Secretary of Defense to develop and implement a plan to address shortfalls in operational contract support requirements determination, management, oversight, and administration.

The Senate amendment contained a provision (sec. 866) that would require inclusion of contractor support requirements in Department of Defense planning documents.

The House recedes.

The conferees note that the Commission on Wartime Contracting found significant deficiencies in the Department's requirements determination processes, management, oversight, and administration of operational contract support in recent contingency operations. The conferees urge the Secretary of Defense to take aggressive steps to address shortfalls in education, training, information-sharing, pre-deployment exercises and experiments, and workforce planning related to the Department's continued reliance on operational contract support.

H. Rpt 112-88 (pdf) to accompany H. Resolution 276

Senate Report 112-26

The committee recommends a provision that would require that the Quadrennial Defense Review, the National Military Strategy, and other key military planning documents address the expected roles and responsibilities of contractors in military operations and associated risks.