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TITLE III — OPERATION AND MAINTENANCE

P. L. 108-375

House Conference Report 108-767

SEC. 328. COMPETITIVE SOURCING REPORTING REQUIREMENT

Not later than February 1, 2005, the Inspector General of the Department of Defense shall submit to Congress a report addressing whether the Department of Defense —

(1) employs a sufficient number of adequately trained civilian employees —

     (A) to conduct satisfactorily, taking into account equity, efficiency and expeditiousness, all of the public-private competitions that are scheduled to be undertaken by the Department of Defense during the next fiscal year (including a sufficient number of employees to formulate satisfactorily the performance work statements and most efficient organization plans for the purposes of such competitions); and

     (B) to administer any resulting contracts; and (2) has implemented a comprehensive and reliable system to track and assess the cost and quality of the performance of functions of the Department of Defense by service contractors.

The House bill contained a provision (sec. 326) that would require the Inspector General of the Department of Defense to submit to Congress a report addressing whether the Department has implemented a comprehensive and reliable system to track and assess the results of public-private competitions.  The House provision would establish a number of specific elements to be addressed in the tracking system.

The Senate amendment contained a compatible provision (sec. 853).  The Senate provision would not establish the specific reporting elements to be addressed in the tracking system.

The House recedes.

The conferees note that section 354 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398) and section 385 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) required the Department to maintain a system for tracking the results of public-private competitions and established the specific elements to be addressed in the tracking system.