How To Use the NDAA Pages

Back to NDAA Contents

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

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan

P. L. 112-81

House Conference Report 112-329

(a) Contracting Goals- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall--

(1) establish goals for competition in contracts awarded by the Secretary of Defense for the procurement of property or services to be used outside the United States in support of a contingency operation; and

(2) develop processes by which to measure and monitor such competition, including in task-order categories for services, construction, and supplies.

(b) Annual Review of Certain Contracts- For each year the Logistics Civil Augmentation Program contract, or other similar omnibus contract awarded by the Secretary of Defense for the procurement of property or services to be used outside the United States in support of a contingency operation, is in force, the Secretary shall require a competition advocate of the Department of Defense to conduct an annual review of each such contract.

(c) Annual Report on Contracting in Iraq and Afghanistan- Section 863(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (110-181; 10 U.S.C. 2302 note) is amended--

(1) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; and

(2) by inserting after subparagraph (E) the following new subparagraph:

`(F) Percentage of contracts awarded on a competitive basis as compared to established goals for competition in contingency contracting actions.'.

The House bill contained a provision (sec. 826) that would require the Department of Defense to establish, measure, and monitor goals for competition in contracts performed outside the United States in support of contingency operations.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

The conferees understand that separate goals would be established under this section for any overseas contingency operation requiring significant contract support. While limitations on competition may be justified by urgent contracting requirements early in a contingency operation, the conferees expect the Department to transition to sustainment contracting, with increasing levels of competition, as rapidly as practicable.

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

During the original House debate of the NDAA, Congressman Runyan introduced an amendment regarding Department of Defense (DoD) wartime contracting. The amendment, which passed by voice vote, called for the DoD to implement transparency and goals for competition when awarding contingency operations contracts, and reflects proposals put forth by the Commission on Wartime Contracting (CWC).

Specifically, in the press release Rep. Runyan is quoted as saying:

"I am also glad that my provision on competition and transparency in wartime contracting was included in the final version of the Act. It is important that all taxpayer money be spent as efficiently as possible and competition should help ensure this."