NDAA for Fiscal Year 2024

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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. 118-31	Conference Report
SEC. 827. MODIFICATIONS TO EARNED VALUE MANAGEMENT SYSTEM REQUIREMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to-- (1) exempt all software contracts and subcontracts of the Department of Defense from earned value management system requirements; (2) impose earned value management system requirements for cost contracts or incentive contracts with a value greater than or equal to $20,000,000 and less than $50,000,000; and (3) require a defense contractor to use an earned value management system for contracts awarded with a value greater than or equal to $50,000,000 and less than $100,000,000. (b) Implementation.--If the Department of Defense Supplement to the Federal Acquisition Regulation is not revised as described in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the timeline for such revisions.	Sec. 827--Modifications to earned value management system requirements. The Senate amendment contained a provision (sec. 815) that would require the Under Secretary of Defense for Acquisition and Sustainment to update appropriate policies for earned value management (EVM) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20.0 million to $50.0 million, increase the contract value threshold for a contractor to use an EVM System from $50.0 million to $100.0 million, and exempt from the EVM requirement contracts and subcontracts primarily performing software effort. The House bill contained no similar provision. The House recedes. S. Rept. 118-58 Modifications to Earned Value Management system requirements (sec. 815) The committee recommends a provision that would require the Under Secretary of Defense for Acquisition and Sustainment to update appropriate policies for Earned Value Management (EVM) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20.0 million to $50.0 million, increase the contract value threshold for a contractor to use an EVM System from $50.0 million to $100.0 million, and exempt from the EVM requirement contracts and subcontracts primarily performing software effort.