(1) IMPROVEMENT OF PLANNING FOR
ACQUISITION OF SERVICES.—Chapter 137 of title 10, United
States Code, is amended by inserting after section 2328 the
following new section:
Ҥ 2329. Procurement of services: data
analysis and requirements validation
“(a) In General.—The Secretary of
Defense shall ensure that—
“(1) appropriate and sufficiently
detailed data are collected and analyzed to support the
validation of requirements for services contracts and inform
the planning, programming, budgeting, and execution process
of the Department of Defense;
“(2) requirements for services contracts are evaluated
appropriately and in a timely manner to inform decisions
regarding the procurement of services; and
“(3) decisions regarding the procurement of services
consider available resources and total force management
policies and procedures.
“(b) Specification Of Amounts
Requested In Budget.—Effective October 1, 2022, the Secretary
of Defense shall annually submit to Congress information on
services contracts that clearly and separately identifies the
amount requested for each category of services to be procured
for each Defense Agency, Department of Defense Field Activity,
command, or military installation. Such information shall—
“(1) be submitted at or about the
time of the budget submission by the President under section
1105(a) of title 31;
“(2) cover the fiscal year covered by such budget submission
by the President;
“(3) be consistent with total amounts of estimated
expenditures and proposed appropriations necessary to
support the programs, projects, and activities of the
Department of Defense included in such budget submission by
the President for that fiscal year; and
“(4) be organized using a common enterprise data structure
developed under section 2222 of this title.
“(c) Data Analysis.— (1) Each
Secretary of a military department shall regularly analyze
past spending patterns and anticipated future requirements
with respect to the procurement of services within such
military department.
“(2) (A) The Secretary of Defense
shall regularly analyze past spending patterns and
anticipated future requirements with respect to the
procurement of services—
“(i) within each Defense Agency
and Department of Defense Field Activity; and
“(ii) across military departments, Defense Agencies, and
Department of Defense Field Activities.
“(B) The Secretaries of the military
departments shall make data on services contracts available
to the Secretary of Defense for purposes of conducting the
analysis required under subparagraph (A).
“(3) The analyses conducted under this subsection shall—
“(A) identify contracts for
similar services that are procured for three or more
consecutive years at each Defense Agency, Department of
Defense Field Activity, command, or military installation;
“(B) evaluate patterns in the procurement of services, to
the extent practicable, at each Defense Agency, Department
of Defense Field Activity, command, or military
installation and by category of services procured;
“(C) be used to validate requirements for services
contracts entered into after the date of the enactment of
this subsection; and
“(D) be used to inform decisions on the award of and
funding for such services contracts.
“(d) Requirements Evaluation.—Each
Services Requirements Review Board shall evaluate each
requirement for a services contract, taking into consideration
total force management policies and procedures, available
resources, the analyses conducted under subsection (c), and
contracting efficacy and efficiency. An evaluation of a
services contract for compliance with contracting policies and
procedures may not be considered to be an evaluation of a
requirement for such services contract.
“(e) Timely Planning To Avoid Bridge Contracts.— (1) Effective
October 1, 2018, the Secretary of Defense shall ensure that a
requirements owner shall, to the extent practicable, plan
appropriately before the date of need of a service at a
Defense Agency, Department of Defense Field Activity, command,
or military installation to avoid the use of a bridge contract
to provide for continuation of a service to be performed
through a services contract. Such planning shall include
allowing time for a requirement to be validated, a services
contract to be entered into, and funding for the services
contract to be secured.
“(2) (A) Upon the first use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract
to provide for continuation of a service to be performed
through a services contract, the requirements owner, along
with the contracting officer or a designee of the contracting
officer for the contract, shall—
“(i) for a services contract in an
amount less than $10,000,000, provide an update on the
status of the bridge contract (including the rationale for
using the bridge contract) to the commander or the senior
civilian official of the Defense Agency concerned,
Department of Defense Field Activity concerned, command
concerned, or military installation concerned, as
applicable; or
“(ii) for a services contract in an amount equal to or
greater than $10,000,000, provide an update on the status of
the bridge contract (including the rationale for using the
bridge contract) to the service acquisition executive for
the military department concerned, the head of the Defense
Agency concerned, the combatant commander concerned, or the
Under Secretary of Defense for Acquisition and Sustainment,
as applicable.
“(B) Upon the second use, due to
inadequate planning (as determined by the Secretary of
Defense), of a bridge contract to provide for continuation of
a service to be performed through a services contract in an
amount less than $10,000,000, the commander or senior civilian
official referred to in subparagraph (A)(i) shall provide
notification of such second use to the Vice Chief of Staff of
the armed force concerned and the service acquisition
executive of the military department concerned, the head of
the Defense Agency concerned, the combatant commander
concerned, or the Under Secretary of Defense for Acquisition
and Sustainment, as applicable.
“(f) Exception.—Except with respect to the analyses required
under subsection (c), this section shall not apply to—
“(1) services contracts in support
of contingency operations, humanitarian assistance, or
disaster relief;
“(2) services contracts in support of a national security
emergency declared with respect to a named operation; or
“(3) services contracts entered into pursuant to an
international agreement.
“(g) Definitions.—In this section:
“(1) The term ‘bridge contact’
means—
“(A) an extension to an existing
contract beyond the period of performance to avoid a lapse
in service caused by a delay in awarding a subsequent
contract; or
“(B) a new short-term contract awarded on a sole-source
basis to avoid a lapse in service caused by a delay in
awarding a subsequent contract.
“(2) The term ‘requirements owner’
means a member of the armed forces (other than the Coast
Guard) or a civilian employee of the Department of Defense
responsible for a requirement for a service to be performed
through a services contract.
“(3) The term ‘Services Requirements Review Board’ has the
meaning given in Department of Defense Instruction 5000.74,
titled ‘Defense Acquisition of Services’ and dated January
5, 2016, or a successor instruction.”
(2) CLERICAL AMENDMENT.—The table of
sections at the beginning of such chapter is amended by
inserting after the item relating to section 2328 the
following new item:
“2329. Procurement of services: data
analysis and requirements validation.”.
