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National Defense Authorization Act for Fiscal Year
2013
(P. L. 112-239)
(H. R. 4310)
Analysis of Contracting Related Sections
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House
Conference Report No.
112-705
Senate Armed Services Committee Report No.
112-173
House Armed Service Committee Report No.
112-479 |
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Using the NDAA 2013 Pages |
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TITLE
VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
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Subtitle A — Acquisition Policy
and Management |
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Sec. 801.
Treatment of procurements on behalf of the Department of Defense
through the Work for Others program of the Department of Energy. |
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Sec. 802. Review and justification of
pass-through contracts. |
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Sec. 803. Availability of amounts in
Defense Acquisition Workforce Development Fund. |
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Sec. 804. Department of Defense policy on
contractor profits. |
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Sec. 805. Modification of authorities on
internal controls for procurements on behalf of the Department
of Defense by certain nondefense agencies. |
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Sec. 806. Extension of authority relating
to management of supply-chain risk. |
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Sec. 807. Sense of Congress on the
continuing progress of the Department of Defense in implementing
its Item Unique Identification Initiative. |
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Subtitle B
— Provisions Relating to Major Defense Acquisition
Programs |
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Sec. 811. Limitation on use of cost-type
contracts. |
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Sec. 812. Estimates of potential
termination liability of contracts for the development or
production of major defense acquisition programs. |
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Sec. 813. Technical change regarding
programs experiencing critical cost growth due to change in
quantity purchased. |
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Sec. 814. Repeal of requirement to review
ongoing programs initiated before enactment of Milestone B
certification and approval process. |
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Subtitle C—Amendments
to General Contracting Authorities, Procedures, and Limitations |
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Sec. 821. Modification of time period for
congressional notification of the lease of certain vessels by
the Department of Defense. |
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Sec. 822. Extension of authority for use of
simplified acquisition procedures for certain commercial items. |
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Sec. 823. Codification and amendment
relating to life-cycle management and product support
requirements. |
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Sec. 824. Codification of requirement
relating to Government performance of critical acquisition
functions. |
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Sec. 825. Competition in acquisition of
major subsystems and subassemblies on major defense acquisition
programs. |
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Sec. 826. Compliance with Berry Amendment
required for uniform components supplied to Afghan military or
Afghan National Police. |
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Sec. 827. Enhancement of whistleblower
protections for contractor employees. |
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Sec. 828. Pilot program for enhancement of
contractor employee whistleblower protections. |
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Sec. 829. Extension of contractor conflict
of interest limitations. |
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Sec. 830. Repeal of sunset for certain
protests of task and delivery order contracts. |
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Sec. 831. Guidance and training related to
evaluating reasonableness of price. |
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Sec. 832. Department of Defense access to,
use of, and safeguards and protections for contractor internal
audit reports. |
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Sec. 833.
Contractor responsibilities in regulations relating to detection
and avoidance of counterfeit electronic parts. |
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Subtitle D
— Provisions Relating to Contracts in Support of Contingency
Operations |
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Sec. 841. Extension and expansion of
authority to acquire products and services produced in countries
along a major route of supply to Afghanistan. |
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Sec. 842. Limitation on authority to
acquire products and services produced in Afghanistan. |
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Sec. 843. Responsibility within Department
of Defense for operational contract support. |
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Sec. 844. Data collection on contract
support for future overseas contingency operations involving
combat operations. |
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Sec. 845. Inclusion of operational contract
support in certain requirements for Department of Defense
planning, joint professional military education, and management
structure. |
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Sec. 846. Requirements for risk assessments
related to contractor performance. |
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Sec. 847. Extension and modification of
reports on contracting in Iraq and Afghanistan. |
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Sec. 849. Oversight of contracts and
contracting activities for overseas contingency operations in
responsibilities of Chief Acquisition Officers of Federal
agencies. |
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Sec. 850. Reports on responsibility within
Department of State and the United States Agency for
International Development for contract support for overseas
contingency operations. |
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Sec. 851. Database on price trends of items
and services under Federal contracts. |
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Sec. 852. Information on corporate
contractor performance and integrity through the Federal Awardee
Performance and Integrity Information System. |
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Sec. 853. Inclusion of data on contractor
performance in past performance databases for executive agency
source selection decisions. |
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Subtitle E—Other Matters |
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Sec. 861. Requirements and limitations for
suspension and debarment officials of the Department of Defense,
the Department of State, and the United States Agency for
International Development. |
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Sec. 862. Uniform contract writing system
requirements. |
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Sec. 863. Extension of other transaction
authority. |
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Sec. 864. Report on allowable costs of
compensation of contractor employees. |
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Sec. 865. Reports on use of indemnification
agreements. |
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Sec. 866. Plan to increase number of
contractors eligible for contracts under Air Force NETCENTS-2
contract. |
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Sec. 867. Inclusion of information on
prevalent grounds for sustaining bid protests in annual protest
report by Comptroller General to Congress. |
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TITLE
XVI--INDUSTRIAL BASE MATTERS |
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Subtitle
B--Department of Defense Activities Related to Small Business
Matters |
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Sec. 1611. Role of the directors of small
business programs in acquisition processes of the Department of
Defense. |
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Sec. 1612. Small Business Ombudsman for
defense audit agencies. |
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Sec. 1613. Independent assessment of
Federal procurement contracting performance of the Department of
Defense. |
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Sec. 1615. Restoration of 1 percent funding
for administrative expenses of Commercialization Readiness
Program of Department of Defense. |
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Subtitle C--Matters Relating to Small
Business Concerns |
Part I--Procurement Center
Representatives
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Sec. 1621. Procurement center
representatives. |
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Sec. 1622. Small Business Act contracting
requirements training. |
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Sec. 1623. Acquisition planning. |
Part II--Goals for Procurement
Contracts Awarded to Small Business Concerns
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Sec. 1631. Goals for procurement contracts
awarded to small business concerns. |
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Sec. 1632. Reporting on goals for
procurement contracts awarded to small business concerns. |
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Sec. 1633. Senior executives. |
Part III--Mentor-Protege Programs
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Sec. 1641. Mentor-Protege programs. |
Part IV--Transparency in
Subcontracting
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Sec. 1651. Limitations on subcontracting. |
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Sec. 1652. Penalties. |
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Sec. 1653. Subcontracting plans. |
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Sec. 1654. Notices of subcontracting
opportunities. |
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Sec. 1655. Publication of certain
documents. |
Part V--Small Business Concern Size
Standards
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Sec. 1661. Small business concern size
standards. |
Part VI--Contract Bundling
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Sec. 1671. Contract bundling. |
Part VII--Increased Penalties for
Fraud
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Sec. 1681. Safe harbor for good faith
compliance efforts. |
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Sec. 1682. Requirement that fraudulent
businesses be suspended or debarred. |
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Sec. 1683. Annual report on suspensions and
debarments proposed by Small Business Administration. |
Part VIII--Offices of Small and
Disadvantaged Business Units
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Sec. 1691. Offices of Small and
Disadvantaged Business Utilization. |
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Sec. 1692. Small Business Procurement
Advisory Council. |
Part IX--Other Matters
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Sec. 1695. Surety bonds. |
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Sec. 1696. Conforming Amendments; Repeal of
redundant provisions; Regulations. |
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Sec. 1697. Contracting with small business
concerns owned and controlled by women. |
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Sec. 1698. Small business HUBZones. |
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Sec. 1699. National Veterans Business
Development Corporation. |
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TITLE XVII--ENDING
TRAFFICKING IN GOVERNMENT CONTRACTING |
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Sec. 1701. Definitions. |
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Sec. 1702. Contracting requirements. |
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Sec. 1703. Compliance plan and
certification requirement. |
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Sec. 1704. Monitoring and investigation of
trafficking in persons. |
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Sec. 1706. Expansion of penalties for fraud
in foreign labor contracting to include attempted fraud and work
outside the United States. |
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Sec. 1707. Improving Department of Defense
accountability for reporting trafficking in persons claims and
violations. |
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Sec. 1708. Rules of construction; effective
date. |
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TITLE
XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS |
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Subtitle B--Program Authorizations,
Restrictions, and Limitations |
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Sec. 3117. Transparency in contractor
performance evaluations by the National Nuclear Security
Administration leading to award fees. |
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Sec. 3121. Cost-benefit analyses for
competition of management and operating contracts. |
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LEGISLATIVE
PROVISIONS NOT ADOPTED |
