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SEC. 875. GUIDANCE, TRAINING, AND REPORT
ON PLACE OF PERFORMANCE CONTRACT REQUIREMENTS.
(a) Guidance and Training.--Not later than
July 1, 2022, the Secretary of Defense shall--
(1) issue guidance on covered
contracts to ensure that, to the maximum extent practicable,
the terms of such covered contract avoid specifying an
unnecessarily restrictive place of performance for such
covered contract; and
(2) implement any necessary training
for appropriate individuals relating to the guidance required
under paragraph (1).
(b) Report.--
(1) In general.--Not later than July
1, 2022, the Secretary of Defense shall submit to the
congressional defense committees a report on covered
contracts.
(2) Elements.--The report required
under paragraph (1) shall include the following elements:
(A) A description of the criteria
that is considered when the Secretary specifies a particular
place of performance in a covered contract.
(B) The number of covered contracts
awarded during each of fiscal years 2016 through 2020.
(C) An assessment of the extent to
which revisions to guidance or regulations related to the
use of covered contracts could improve the effectiveness and
efficiency of the Department of Defense, including a
description of such revisions.
(c) Covered Contract Defined.--In this
section, the term ``covered contract'' means a contract for
which the Secretary of Defense specifies the place of
performance for such contract. |
Guidance, training, and report on place
of performance contract requirements (sec. 875)
The Senate amendment contained a provision (sec. 819) that would
direct the Secretary of Defense to improve contract place of
performance data and provide a report to the congressional
defense committees on its use.The
House bill contained no similar provision.
The agreement includes the Senate
provision with an amendment that would make clarifying edits and
revise required reporting elements.
S. 2792--Senate Report117-39
Report on place of
performance requirements (sec. 819)
The committee recommends a provision that would direct the
Secretary of Defense to improve contract place of performance
data and report on its use. The committee notes that the
Government Accountability Office (GAO) raised concerns about the
consistency in the interpretation and entry of place of
performance contract data in a report, published November 8,
2017, titled, ``OMB, Treasury, and Agencies Need to Improve
Completeness and Accuracy of Spending Data and Disclose
Limitations'' (GAO-18-138). The committee directs the Secretary
of Defense to review its guidance, policies, and training to
ensure consistency in place of performance data. The committee
also notes that the COVID-19 pandemic has changed the manner in
which the Federal Government and the Department of Defense
conduct business. With an increased focus on remote work, the
committee believes an assessment of the Department of Defense's
use of place of performance clauses is necessary.
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