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

Subtitle G—Small Business Matters

P. L. 116-92

House Conference Report 116-333

(a) Reauthorization.--

(1) In general.--Subsection (j) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--

(A) in paragraph (1), by striking ``September 30, 2018'' and inserting ``September 30, 2024''; and

(B) in paragraph (2), by striking ``September 30, 2021'' and inserting ``September 30, 2026''.

(2) Program participation term.--Subsection (e)(2) of such section is amended by striking ``three years'' each place such term appears and inserting ``two years''.

(3) Effective date.--The amendments made by this subsection shall take effect on the date on which the Secretary of Defense submits to Congress the small business strategy required under section 2283 of title 10, United States Code. The Secretary of Defense shall notify the Law Revision Counsel of the House of Representatives of the submission of the strategy so that the Law Revision Counsel may execute the amendments made by this
subsection.

(b) Office of Small Business Programs Oversight.--Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--

(1) by redesignating subsection (n) as subsection (o); and

(2) by inserting after subsection (m) the following new subsection:

``(n) Establishment of Performance Goals and Periodic Reviews.--The
Office of Small Business Programs of the Department of Defense shall--

``(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and

``(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements.''.

(c) Modification of Disadvantaged Small Business Concern Definition.--Paragraph (2) of section 831(o) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as redesignated by subsection (b)(1), is amended in the matter preceding subparagraph (A) by striking ``has less than half the size standard corresponding to its primary North American Industry Classification System code'' and inserting ``is not more than the size standard corresponding to its primary North American Industry Classification System code''.

(d) Independent Report on Program Effectiveness.--The Secretary of Defense shall direct the Defense Business Board to submit, not later than March 31, 2022, to the congressional defense committees a report evaluating the effectiveness of the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), including recommendations for improving the program in terms of performance metrics, forms of assistance, and overall program effectiveness.

(e) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter until September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report on the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) that describes--

(1) each mentor-protege agreement entered into under such section, disaggregated by the type of disadvantaged small business concern (as defined in subsection (o) of such section) receiving assistance pursuant to such an agreement;

(2) the type of assistance provided to protege firms (as defined in such subsection) under each such agreement;

(3) the benefits provided to mentor firms (as defined in such subsection) under each such agreement; and

(4) the progress of protege firms under each such agreement
with respect to competing for Federal prime contracts and
subcontracts.

The Senate bill contained a provision (sec. 841) that would amend Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) to make the Department of Defense's pilot Mentor-Protege Program permanent and to require that the Department's Office of Small Business Programs establish performance goals and outcome-based metrics for the program. The provision would also direct the Secretary of Defense to direct the Defense Business Board to study the effectiveness of the program and make recommendations for program improvements. Further, the provision would repeal the Department's half-size standard restriction for protege participants.

The House amendment contained a similar provision.

The Senate recedes with amendments that would extend the pilot program by authorizing new agreements through the end of fiscal year 2024, but limiting them to two years, and would permit reimbursements and subcontracting credits associated with such agreements through fiscal year 2026.

House Report 116-120

Section 841--Defense Acquisition Workforce Certification and Education Requirements

This section would amend section 1701a of title 10, United States Code. The committee notes that the Department of Defense could better prepare its acquisition workforce by modernizing its certification process to emphasize professional skills that are transferable across the workforce and industry. The Secretary of Defense is authorized to implement the program based on third-party accredited, nationally or internationally recognized standards, where they exist, or through entities outside the Department, if the Secretary determines that to be the best approach.

This section also would amend section 1724 of title 10, United States Code, and strike the requirement for contracting officers to have completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education, and make conforming amendments to section 1732 of title 10, United States Code. The committee notes that the Department has raised the professionalism of its acquisition workforce since enactment of the Defense Acquisition Workforce Improvement Act in 1990 and the amendments would allow the Department the flexibility to establish the specific educational requirements that should be applied to a particular workforce career field.

This section would also amend title 10, United States Code, by modifying several sections of chapter 87 to institutionalize career paths for all acquisition workforce career fields, and by inserting a new section 1765 to develop competencies for every acquisition career field. The committee is aware that while chapter 87 had general career path requirements, none specifically applied to all acquisition career fields or mandated recommended attributes, such as key work experience. Section 1721, as amended would be a key factor in the success of this implementation and would require the Department to identify which specific career fields represent the acquisition workforce in order to better institutionalize career paths throughout all acquisition career fields. The committee recognizes the scope of the new section 1765 is designed to establish proficiency standards throughout the acquisition workforce in an effort to qualify and assess the technical and nontechnical competencies for all acquisition career fields. Lastly, this section would amend section 1721 of title 10, United States Code, to include foreign military sales personnel as part of the acquisition workforce.