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

Subtitle C — Provisions Relating to Major Defense Acquisition Programs

P. L. 115-

House Conference Report. 115-404

(a) Prohibition.—

(1) IN GENERAL.—Chapter 144 of title 10, United States Code, is amended by inserting after section 2441 the following new section:

Ҥ 2442. Prohibition on use of lowest price technically acceptable source selection process

“(a) In General.—The Department of Defense shall not use a lowest price technically acceptable source selection process for the engineering and manufacturing development contract of a major defense acquisition program.

“(b) Definitions.—In this section:

“(1) LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS.—The term ‘lowest price technically acceptable source selection process’ has the meaning given that term in part 15 of the Federal Acquisition Regulation.

“(2) MAJOR DEFENSE ACQUISITION PROGRAM.—The term ‘major defense acquisition program’ has the meaning given that term in section 2430 of this title.

“(3) ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT.—The term ‘engineering and manufacturing development contract’ means a prime contract for the engineering and manufacturing development of a major defense acquisition program.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2441 the following new item:

“2442. Prohibition on use of lowest price technically acceptable source selection process.”.

(b) Applicability.—The requirements of section 2442 of title 10, United States Code, as added by subsection (a), shall apply to major defense acquisition programs for which budgetary authority is requested for fiscal year 2019 or a subsequent fiscal year.

The Senate amendment contained a provision (sec. 836) that would amend chapter 144 of title 10, United States Code, to add a new section that would prohibit the use of a lowest price technically acceptable source selection process for the development contract of a major defense acquisition program (MDAP), beginning with programs requested for fiscal year 2019. The Secretary of Defense would be required to submit to the congressional defense committees a notification of the source selection process that the Department of Defense plans to use for the development contract of an MDAP, with the budget for which authority is requested for the development contract of an MDAP, or within 30 days before release of the request for proposals for the development contract.

The House bill contained no similar provision.

The House recedes with an amendment that would make technical amendments and limits the applicability of the provision to engineering and manufacturing development contracts.