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

Subtitle H — Other Matters

NDAA Section

House Conference Report 110-477

SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE LIMITATIONS RELATING TO SPECIALTY METALS.

(a) Notice Requirement- At least 30 days prior to making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, United States Code, that would apply to more than one contract of the Department of Defense, the Secretary of Defense shall, to the maximum extent practicable and in a manner consistent with the protection of national security information and confidential business information--

(1) publish a notice on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site) of the Secretary's intent to make the domestic nonavailability determination; and

(2) solicit information relevant to such notice from interested parties, including producers of specialty metal mill products.

(b) Determination- (1) The Secretary shall take into consideration all information submitted pursuant to subsection (a) in making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, United States Code, that would apply to more than one contract of the Department of Defense, and may also consider other relevant information that cannot be made part of the public record consistent with the protection of national security information and confidential business information.

(2) The Secretary shall ensure that any such determination and the rationale for such determination is made publicly available to the maximum extent consistent with the protection of national security information and confidential business information.

The House bill contained a provision (sec. 846) that would require that any domestic non-availability determination pursuant to section 2533b(b) of title 10, United States Code, that would apply to more than one prime contract of the Department of Defense be made on the basis of a formal rulemaking process.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require that the Secretary of Defense solicit information from interested parties, including producers of specialty metal mill products, to the maximum extent practicable and in a manner consistent with the protection of national security information and confidential business information before making a domestic non-availability determination that would apply to more than one prime contract. The provision would also require that the Secretary's determination and the rationale for the determination be made publicly available to the maximum extent practicable consistent with the protection of national security information and confidential business information.

House Armed Services Committee Report 110-146

SECTION 846--REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE LIMITATIONS

This section would require that certain processes be followed in making domestic non-availability determinations (DNADs) under the authority to waive limitations on the acquisition of items containing specialty metals under section 2533b of title 10, United States Code. In the case of waivers affecting multiple prime contracts, this section would require that DNADs be issued pursuant to a formal rulemaking process, be limited to the duration of the non-availability of the specialty metals concerned, and continue to require an accounting of non-compliant specialty metals purchased under such contracts. In the case of waivers affecting a single prime contract, this section would require the Secretary of Defense make available, to the maximum extent possible, information used by the Department of Defense in making the DNADs. Additionally, this section would require the Secretary of Defense to ensure that an accounting of non-compliant specialty metals purchased under the contract is made.