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

Public Law 108-136

House Conference Report 108-354

SEC. 841. ADDITIONAL AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS.

(a) ADDITIONAL AUTHORITY- Section 129b of title 10, United States Code, is amended by adding at the end the following new subsection:

`(d) ADDITIONAL AUTHORITY FOR PERSONAL SERVICES CONTRACTS- (1) In addition to the authority provided under subsection (a), the Secretary of Defense may enter into personal services contracts if the personal services--

`(A) are to be provided by individuals outside the United States, regardless of their nationality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States;

`(B) directly support the mission of a defense intelligence component or counter-intelligence organization of the Department of Defense; or

`(C) directly support the mission of the special operations command of the Department of Defense.

`(2) The contracting officer for a personal services contract under this subsection shall be responsible for ensuring that-

`(A) the services to be procured are urgent or unique; and

`(B) it would not be practicable for the Department to obtain such services by other means.

`(3) The requirements of section 3109 of title 5 shall not apply to a contract entered into under this subsection.'.

(b) CONFORMING AMENDMENTS- (1) The heading for section 129b of such title is amended to read as follows:

`Sec. 129b. Authority to procure personal services'.

(2) The item relating to section 129b in the table of sections at the beginning of chapter 3 of such title is amended to read as follows:

`129b. Authority to procure personal services.'.

The House bill contained a provision (sec. 805) that would authorize the Secretary of Defense to award certain personal service contracts without application of section 3109 of title 5, United States Code.

The Senate amendment contained a similar provision (sec. 813).

The Senate recedes with an amendment that would authorize the Secretary of Defense to enter into personal services contracts for urgent or unique services that would not be practicable for the Department to obtain by other means: (1) the overseas activities and programs of the Department of Defense (DOD); (2) elements of the DOD within the intelligence community or counter-intelligence community; and (3) the mission of the U.S. Special Operations Command.

House Rpt.108-106

SECTION 805--ADDITIONAL AUTHORITIES RELATING TO OBTAINING PERSONAL SERVICES

This section would amend section 129 of title 10, United States Code, to authorize the Secretary of Defense to award personal service contracts without application of section 3109 of title 5, United States Code. Personal service contracts can be awarded for experts and consultants, as well as for other work that is not considered of a consultant or expert nature. In this latter case contracts can be awarded for work to be performed outside the United States and for work to be performed inside the United States. In those instances where work is to be performed inside the United States the contract must support special operations, intelligence and counter intelligence missions. The committee believes that personal service contracts should be awarded only when there are no Department of Defense officials available to perform the function. The committee also encourages the Department of Defense Inspector General to audit the use of this authority to ensure its appropriate use and application.

Senate Rpt.108-046

The committee recommends a provision that would authorize elements of the Department of Defense within the Intelligence Community and the U.S. Special Operations Command to enter into contracts for personal services if an appropriate official determines in writing that the services to be procured are unique and that it would not be practicable to obtain such services by other means. The committee recognizes the unique circumstances faced by the intelligence community and the Special Operations Command, and the difficulty these DOD elements may occasionally have in obtaining needed support through more conventional contracting mechanisms.