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

Subtitle B — Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 115-

House Conference Report. 115-874

(a) Amendment.—Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) is amended—

(1) in subsection (g), by adding at the end the following new paragraph:

“(5) The term ‘approved purchasing system’ has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).”; and

(2) by adding at the end the following new subsection:

“(i) Consent To Subcontract.—If the contractor on a Department of Defense contract requiring a contracting officer's written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.”.

(b) Conforming Regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to conform with the amendments to section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) made by this section.

The Senate amendment contained a provision (sec. 818) that would amend section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383) to clarify that, for Department of Defense contracts with contractors that have approved purchasing systems as defined by section 44.101 of the Federal Acquisition Regulations, a contracting officer must have a written approval from his or her program manager prior to withholding consent based solely on disagreement with the proposed subcontract price.

The House bill contained no similar provision.

The House recedes.