NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations
P. L. 112-	House Conference Report 112-705
SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST LIMITATIONS. (a) Assessment of Extension of Limitations to Certain Additional Functions and Contracts- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the guidance on personal conflicts of interest for contractor employees issued pursuant to section 841(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4537) in order to determine whether it would be in the best interest of the Department of Defense and the taxpayers to extend such guidance to personal conflicts of interest by contractor personnel performing any of the following: (1) Functions other than acquisition functions that are closely associated with inherently governmental functions (as that term is defined in section 2383(b)(3) of title 10, United States Code). (2) Personal services contracts (as that term is defined in section 2330a(g)(5) of title 10, United States Code). (3) Contracts for staff augmentation services (as that term is defined in section 808(d)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1490)). (b) Extension of Limitations- If the Secretary determines pursuant to the review under subsection (a) that the guidance on personal conflicts of interest should be extended, the Secretary shall revise the Defense Supplement to the Federal Acquisition Regulation to the extent necessary to achieve such extension. (c) Results of Review- Not later than 180 days after the date of the enactment of this Act, the Secretary shall document in writing the results of the review conducted under subsection (a), including, at a minimum-- (1) the findings and recommendations of the review; and (2) the basis for such findings and recommendations.	Extension of contractor conflict of interest limitations (sec. 829) The Senate amendment contained a provision (sec. 845) that would require the Secretary of Defense to determine whether contractor conflict of interest limitations should be extended to additional categories of contractors. The House bill contained no similar provision. The House recedes with an amendment requiring the Secretary of Defense to document in writing the results of the review, including the findings and recommendations of the review and the basis for those findings and recommendations. The conferees direct the Secretary to provide a briefing to the congressional defense committees on these matters, upon request.
	Senate Report 112-173
	Extension of contractor conflict of interest limitations (sec. 845) The committee recommends a provision that would require the Secretary of Defense to determine whether guidance developed pursuant to section 841(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417) regarding personal conflicts for contractor employees performing acquisition functions closely associated with inherently governmental functions should be extended to contractor personnel engaged in: (1) functions other than acquisition functions that are closely associated with inherently governmental functions; (2) personal services contracts; or (3) contracts for staff augmentation services.

SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST LIMITATIONS.