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

Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations

PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF SUBTITLE A OF TITLE 10, UNITED STATES CODE.

P. L. 115-

House Conference Report. 115-874

SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.

(a) In General.—Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:

“PART V—ACQUISITION

“ Chap. Sec.

“SUBPART A—GENERAL

“201. Definitions 3001
“203. General Matters 3021
“205. Defense Acquisition System 3051
“207. Budgeting and Appropriations Matters 3101
“209. Operational Contract Support 3151

“SUBPART B—ACQUISITION PLANNING

“221. Planning and Solicitation Generally 3201
“223. Planning and Solicitation Relating to Particular Items or Services 3251

“SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

“241. Awarding of Contracts 3301
“243. Specific Types of Contracts 3351
“245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
“247. Acquisition of Commercial Items 3451
“249. Multiyear Contracts 3501
“251. Simplified Acquisition Procedures 3551
“253. Emergency and Rapid Acquisitions 3601
“255. Contracting With or Through Other Agencies 3651

“SUBPART D—GENERAL CONTRACTING REQUIREMENTS

“271. Truthful Cost or Pricing Data 3701
“273. Allowable Costs 3741
“275. Proprietary Contractor Data and Technical Data 3771
“277. Contract Financing 3801
“279. Contractor Audits and Accounting 3841
“281. Claims and Disputes 3861
“283. Foreign Acquisitions 3881
“285. Small Business Programs 3901
“287. Socioeconomic Programs 3961

“SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

“301. Major Defense Acquisition Programs 4001
“303. Weapon Systems Development and Related Matters 4071
“305. Other Matters Relating to Major Systems 4121

“SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

“321. Research and Development Generally 4201
“323. Innovation 4301
“325. Department of Defense Laboratories 4351
“327. Research and Development Centers and Facilities 4401
“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451

“SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
“343. Acquisition of Services 4541
“345. Acquisition of Information Technology 4571

“SUBPART H—CONTRACT MANAGEMENT

“361. Contract Administration 4601
“363. Prohibitions and Penalties 4651
“365. Contractor Workforce 4701
“367. Other Administrative and Miscellaneous Provisions 4751

“SUBPART I—DEFENSE INDUSTRIAL BASE

“381. Defense Industrial Base Generally 4801
“383. Loan Guarantee Programs 4861
“385. Procurement Technical Assistance Cooperative Agreement Program 4881

“Subpart A—General

“CHAPTER 201—DEFINITIONS

Ҥ 3001. [Reserved]

[Reserved]

“CHAPTER 203—GENERAL MATTERS

Ҥ 3021. [Reserved]

[Reserved]

“CHAPTER 205—DEFENSE ACQUISITION SYSTEM


Ҥ 3051. [Reserved]

[Reserved]

“CHAPTER 207—BUDGETING AND APPROPRIATIONS MATTERS

Ҥ 3101. [Reserved]

[Reserved]

“CHAPTER 209—OPERATIONAL CONTRACT SUPPORT

Ҥ 3151. [Reserved]

[Reserved]

“Subpart B—Acquisition Planning
“CHAPTER 221—PLANNING AND SOLICITATION GENERALLY

Ҥ 3201. [Reserved]

[Reserved]

“CHAPTER 223—PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES

Ҥ 3251. [Reserved]

[Reserved]

“Subpart C—Contracting Methods And Contract Types
“CHAPTER 241—AWARDING OF CONTRACTS

Ҥ 3301. [Reserved]

[Reserved]

“CHAPTER 243—SPECIFIC TYPES OF CONTRACTS

Ҥ 3351. [Reserved]

[Reserved]

“CHAPTER 245—TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)

Ҥ 3401. [Reserved]

[Reserved]

“CHAPTER 247—ACQUISITION OF COMMERCIAL ITEMS

Ҥ 3451. [Reserved]

[Reserved]

“CHAPTER 249—MULTIYEAR CONTRACTS

Ҥ 3501. [Reserved]

[Reserved]

“CHAPTER 251—SIMPLIFIED ACQUISITION PROCEDURES

Ҥ 3551. [Reserved]

[Reserved]

“CHAPTER 253—EMERGENCY AND RAPID ACQUISITIONS

Ҥ 3601. [Reserved]

[Reserved]

“CHAPTER 255—CONTRACTING WITH OR THROUGH OTHER AGENCIES

Ҥ 3651. [Reserved]

[Reserved]

“Subpart D—General Contracting Requirements
“CHAPTER 271—TRUTHFUL COST OR PRICING DATA

Ҥ 3701. [Reserved]

[Reserved]

“CHAPTER 273—ALLOWABLE COSTS

Ҥ 3741. [Reserved]

[Reserved]

“CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA

Ҥ 3771. [Reserved]

[Reserved]

“CHAPTER 277—CONTRACT FINANCING

Ҥ 3801. [Reserved]

[Reserved]

“CHAPTER 279—CONTRACTOR AUDITS AND ACCOUNTING

Ҥ 3841. [Reserved]

[Reserved]

“CHAPTER 281—CLAIMS AND DISPUTES

Ҥ 3861. [Reserved]

[Reserved]

“CHAPTER 283—FOREIGN ACQUISITIONS

Ҥ 3881. [Reserved]

[Reserved]

“CHAPTER 285—SMALL BUSINESS PROGRAMS

Ҥ 3901. [Reserved]

[Reserved]

“CHAPTER 287—SOCIOECONOMIC PROGRAMS

Ҥ 3961. [Reserved]

[Reserved]

“Subpart E—Special Categories Of Contracting: Major Defense Acquisition Programs And Major Systems

“CHAPTER 301—MAJOR DEFENSE ACQUISITION PROGRAMS

Ҥ 4001. [Reserved]

[Reserved]

“CHAPTER 303—WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

Ҥ 4071. [Reserved]

[Reserved]

“CHAPTER 305—OTHER MATTERS RELATING TO MAJOR SYSTEMS

Ҥ 4121. [Reserved]

[Reserved]

“Subpart F—Special Categories Of Contracting: Research, Development, Test, And Evaluation
“CHAPTER 321—RESEARCH AND DEVELOPMENT GENERALLY

Ҥ 4201. [Reserved]

[Reserved]

“CHAPTER 323—INNOVATION

Ҥ 4301. [Reserved]

[Reserved]

“CHAPTER 325—DEPARTMENT OF DEFENSE LABORATORIES

Ҥ 4351. [Reserved]

[Reserved]

“CHAPTER 327—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES

Ҥ 4401. [Reserved]

[Reserved]

“CHAPTER 329—OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION

Ҥ 4451. [Reserved]

[Reserved]

“Subpart G—Other Special Categories Of Contracting
“CHAPTER 341—CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS

Ҥ 4501. [Reserved]

[Reserved]

“CHAPTER 343—ACQUISITION OF SERVICES

Ҥ 4541. [Reserved]

[Reserved]

“CHAPTER 345—ACQUISITION OF INFORMATION TECHNOLOGY

Ҥ 4571. [Reserved]

[Reserved]

“Subpart H—Contract Management
“CHAPTER 361—CONTRACT ADMINISTRATION

Ҥ 4601. [Reserved]

[Reserved]

“CHAPTER 363—PROHIBITIONS AND PENALTIES

Ҥ 4651. [Reserved]

[Reserved]

“CHAPTER 365—CONTRACTOR WORKFORCE

Ҥ 4701. [Reserved]

[Reserved]

“CHAPTER 367—OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Ҥ 4751. [Reserved]

[Reserved]

“Subpart I—Defense Industrial Base
“CHAPTER 381—DEFENSE INDUSTRIAL BASE GENERALLY

Ҥ 4801. [Reserved]

[Reserved]

“CHAPTER 383—LOAN GUARANTEE PROGRAMS

Ҥ 4861. [Reserved]

[Reserved]

“CHAPTER 385—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

Ҥ 4881. [Reserved]

“[Reserved”.]

(b) Table Of Chapters Amendment.—The table of chapters at the beginning of subtitle A is amended by adding at the end the following new items:

“Part V—ACQUISITION
“SUBPART A—GENERAL

“201. Definitions 3001
“203. General Matters 3021
“205. Defense Acquisition System 3051
“207. Budgeting and Appropriations Matters 3101
“209. Operational Contract Support 3151

“SUBPART B—ACQUISITION PLANNING

“221. Planning and Solicitation Generally 3201
“223. Planning and Solicitation Relating to Particular Items or Services 3251

“SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

“241. Awarding of Contracts 3301
“243. Specific Types of Contracts 3351
“245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
“247. Acquisition of Commercial Items 3451
“249. Multiyear Contracts 3501
“251. Simplified Acquisition Procedures 3551
“253. Emergency and Rapid Acquisitions 3601
“255. Contracting With or Through Other Agencies 3651

“SUBPART D—GENERAL CONTRACTING REQUIREMENTS

“271. Truthful Cost or Pricing Data 3701
“273. Allowable Costs 3741
“275. Proprietary Contractor Data and Technical Data 3771
“277. Contract Financing 3801
“279. Contractor Audits and Accounting 3841
“281. Claims and Disputes 3861
“283. Foreign Acquisitions 3881
“285. Small Business Programs 3901
“287. Socioeconomic Programs 3961

“SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

“301. Major Defense Acquisition Programs 4001
“303. Weapon Systems Development and Related Matters 4071
“305. Other Matters Relating to Major Systems 4121

“SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

“321. Research and Development Generally 4201
“323. Innovation 4301
“325. Department of Defense Laboratories 4351
“327. Research and Development Centers and Facilities 4401
“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451

“SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
“343. Acquisition of Services 4541
“345. Acquisition of Information Technology 4571

“SUBPART H—CONTRACT MANAGEMENT

“361. Contract Administration 4601
“363. Prohibitions and Penalties 4651
“365. Contractor Workforce 4701
“367. Other Administrative and Miscellaneous Provisions 4751

“SUBPART I—DEFENSE INDUSTRIAL BASE”.

“381. Defense Industrial Base Generally 4801
“383. Loan Guarantee Programs 4861
“385. Procurement Technical Assistance Cooperative Agreement Program 4881”.

Framework for new part V of subtitle A (sec. 801)

The House bill contained a provision (sec. 801) that would establish the initial step in the first phase of a comprehensive reorganization and optimization of acquisition-related statutes in title 10, United States Code.

The Senate amendment contained no similar provision.

The Senate recedes.

The conferees note that the structure for acquisition related statutes in title 10 has become unwieldy and inadequate. This section creates a new part V at the end of subtitle A of title 10, thus logically organizing all acquisition-related statutes in one part in the Code.


H. Rept. 115-676


Section 801--Framework for New Part V of Subtitle A

This section would establish the initial step in the first phase of a comprehensive reorganization and optimization of acquisition-related statutes in title 10, United States Code. The committee recognizes that the structure for acquisition- related statutes in title 10 has become unwieldy and inadequate.

This section would create a new part V at the end of subtitle A of title 10, thus logically organizing all acquisition-related statutes in one part in the Code. The committee expects that the actual shift of statutory language for the new part V would be established in a subsequent second phase of legislation, but not later than February 1, 2020.

The committee notes that reorganizing defense acquisition statutes into a restructured, rationalized form would reflect more clearly the underlying organization of these statutes and provide a structure that is more intuitive and easier to navigate, as well as facilitate future growth within the Code's structure. In addition, the proposed reorganization would provide an opportunity to restore parallelism between the acquisition-related provisions of title 10 and the corresponding provisions of title 41, United States Code, that are applicable to procurement by non-defense agencies, which would benefit the entirety of the Federal contracting community.

The committee expects that this restructuring effort will be sustained, and the second phase of reorganization will be enacted by follow-on legislation that will direct the more detailed chapter by chapter transfer into the final revised, rationalized structure of title 10 (to include the new part V of subtitle A) not later than February 1, 2020.

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