|
National Defense Authorization Act for Fiscal Year 2018
Bills and Reports Providing Background to P. L.
115-91
House
Conference Report. 115-404
S. Rpt.
115-125 - - to accompany
S. 1519
H.
Rept.
115
-200 - - to accompany
H. R. 2810
Analysis of Contracting Related Sections
|
|
Using the NDAA 2018 Pages |
|
TITLE II—RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION |
|
Subtitle B—Program
Requirements, Restrictions, And Limitations |
|
Section 221:
Expansion of Definition of Competitive Procedures to Include
Selection for Award of Science and Technology Proposals. |
|
TITLE
VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
|
|
Subtitle A — Acquisition Policy
and Management |
|
Section 801: Statements of purpose
for Department of Defense acquisition. |
|
Section 802: Management of
intellectual property matters within the Department of Defense. |
|
Section 803: Performance of incurred
cost audits. |
|
Section 804: Repeal of certain
auditing requirements. |
|
Section 805: Increased simplified
acquisition threshold. |
|
Section 806: Requirements related to
the micro-purchase threshold |
|
Section 807: Process for enhanced
supply chain scrutiny. |
|
Section 808: Defense policy advisory
committee on technology. |
|
Section 809: Report on extension of
development, acquisition, and sustainment authorities of the
military departments to the United States Special Operations
Command. |
|
Section 810: Technical and conforming
amendments related to program management provisions. |
|
Subtitle B
— Amendments to General Contracting Authorities, Procedures, and
Limitations |
|
Section 811: Modifications to cost or
pricing data and reporting requirements. |
|
Section 812: Applicability of cost
and pricing data certification requirements. |
|
Section 813: Sunset of certain
provisions relating to the procurement of goods other than
United States goods. |
|
Section 814: Comptroller General
report on health and safety records. |
|
Section 815: Limitation on unilateral definitization. |
|
Section 816: Amendment to sustainment
reviews. |
|
Section 817: Use of program income by
eligible entities that carry out procurement technical
assistance programs. |
|
Section 818: Enhanced post-award
debriefing rights. |
|
Section 819: Amendments relating to
information technology. |
|
Section 820: Change to definition of
subcontract in certain circumstances. |
|
Section 821: Amendment relating to
applicability of inflation adjustments. |
|
Section 822: Use of lowest price
technically acceptable source selection process. |
|
Section 823: Exemption from
design-build selection procedures. |
|
Section 824: Contract closeout
authority. |
|
Section 825: Elimination of cost underruns as factor in calculation of penalties for cost
overruns. |
|
Section 826: Modification to annual
meeting requirement of Configuration Steering Boards. |
|
Section 827: Pilot program on payment
of costs for denied Government Accountability Office bid
protests. |
|
Subtitle C
— Provisions Relating to Major Defense Acquisition Programs |
|
Section 831: Revisions to definition
of major defense acquisition program. |
|
Section 832: Prohibition on use of
lowest price technically acceptable source selection process for
major defense acquisition programs. |
|
Section 833: Role of the Chief of the
armed force in material development decision and acquisition
system milestones. |
|
Section 834: Requirement to emphasize
reliability and maintainability in weapon system design. |
|
Section 835: Licensing of appropriate
intellectual property to support major weapon systems. |
|
Section 836: Codification of
requirements pertaining to assessment, management, and control
of operating and support costs for major weapon systems. |
|
Section 837: Should-cost management. |
|
Section 838: Improvements to test and
evaluation processes and tools. |
|
Section 839: Enhancements to
transparency in test and evaluation processes and data. |
|
Subtitle D—Provisions
Relating to Acquisition Workforce |
|
Section 841: Enhancements to the
civilian program management workforce. |
|
Section 842: Credits to Department of
Defense Acquisition Workforce Development Fund. |
|
Section 843: Improvements to the
hiring and training of the acquisition workforce. |
|
Section 844: Extension and
modifications to acquisition demonstration project. |
|
Subtitle E
— Provisions Relating to Commercial Items |
|
Section 846: Procurement through
commercial e-commerce portals. |
|
Section 847: Revision to definition
of commercial item. |
|
Section 848: Commercial item
determinations. |
|
Section 849: Review of regulations on
commercial items. |
|
Section 850: Training in commercial
items procurement. |
|
Subtitle
F--Provisions Relating to Services Contracting |
|
Section 851: Improvement of planning
for acquisition of services. |
|
Section 852: Standard guidelines for
evaluation of requirements for services contracts. |
|
Section 853: Report on outcome-based
services contracts. |
|
Section 854: Pilot program for longer
term multiyear service contracts. |
|
Subtitle G -
Provisions Relating to Other Transaction
Authority and Prototyping |
|
Section 861: Contract authority for
advanced development of initial or additional prototype units. |
|
Section 862: Methods for entering
into research agreements. |
|
Section 863: Education and training
for transactions other than contracts and grants. |
|
Section 864: Other transaction
authority for certain prototype projects. |
|
Section 865: Amendment to
nontraditional and small contractor innovation prototyping
program. |
|
Section 866: Middle tier of
acquisition for rapid prototype and rapid fielding. |
|
Section 867: Preference for use of
other transactions and experimental authority. |
|
Section 868: Prototype projects to
digitize defense acquisition regulations, policies, and
guidance, and empower user tailoring of acquisition process. |
|
Subtitle H -
Provisions Relating to Software
Acquisition |
|
Section 871: Noncommercial computer
software acquisition considerations. |
|
Section 872: Defense Innovation Board
analysis of software acquisition regulations. |
|
Section 873: Pilot program to use
agile or iterative development methods to tailor major
software-intensive warfighting systems and defense business
systems. |
|
Section 874: Software development
pilot program using agile best practices. |
|
Section 875: Pilot program for open
source software. |
|
Subtitle I - Other Matters |
|
Section 881: Extension of maximum
duration of fuel storage contracts. |
|
Section 882: Procurement of aviation
critical safety items. |
|
Section 883: Modifications to the
advisory panel on streamlining and codifying acquisition
regulations. |
|
Section 884: Repeal of expired pilot
program for leasing commercial utility cargo vehicles. |
|
Section 885: Exception for business
operations from requirement to accept $1 coins. |
|
Section 886: Development of
Procurement Administrative Lead Time. |
|
Section 887: National milestones and
standard timelines for contracts for foreign military sales. |
|
Section 888: Assessment and authority
to terminate or prohibit contracts for procurement from Chinese
companies providing support to the Democratic People's Republic
of Korea. |
|
Section 889: Report on defense
contracting fraud. |
|
Section 890: Comptroller General
report on contractor business system requirements. |
|
Section 891: Training on agile or
iterative development methods. |
|
Section
1634: Prohibition on use of products and services developed
or provided by Kaspersky Lab. |
|
Legislative
Provisions Not Adopted |
|
Repeal of temporary suspension of
public-private competitions for conversion of Department of
Defense functions to performance by contractors. |
|
Ensuring transparency in acquisition
programs. |
|
Waiver authority for purposes of expanding
competition. |
|
Treatment of independent research and
development costs on certain contracts. |
|
Nontraditional contractor definition. |
|
Repeal of domestic source restriction
related to wearable electronics. |
|
Identification of commercial services. |
|
Acquisition positions in the Offices of the
Secretaries of the Military Departments. |
|
Restriction on use of reverse auctions and
lowest price technically acceptable contracting methods for
safety equipment. |
|
Department of Defense promotion of
contractor compliance with existing law. |
|
Major defense acquisition programs: display
of budget information. |
|
Modification to definition of commercial
items. |
|
Preference for acquisition of commercial
items. |
|
Exemption of certain contracts from
inflation adjustments. |
|
Procurement exception relating to
agreements with foreign governments. |
|
Enhancing program licensing. |
|
Temporary limitation on aggregate annual
amount available for contract services. |
|
Sense of Congress regarding steel produced
in the United States. |
|
Improved transparency and oversight over
Department of Defense research, development, test, and
evaluation efforts and procurement activities related to medical
research. |
|
Rights in technical data related to medical
research. |
|
Oversight, audit, and certification from
the Defense Contract Audit Agency for procurement activities
related to medical research. |
|
Pilot program for adoption of acquisition
strategy for Defense Base Act insurance. |
|
Annual report on limitation of
subcontractor intellectual property rights. |
|
Comptroller General of the United States
report on Department of Defense critical telecommunications
equipment or services obtained from suppliers closely linked to
a leading cyber-threat actor. |
|
Sense of Congress on the small turbine
engine industrial base. |
|
Modification to the HUBZone program. |
|
Buy American Act training for Defense
acquisition workforce. |
|
TITLE XVII — SMALL
BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS |
|
Sec. 1701: Amendments to HUBZone
provisions of the Small Business Act. |
|
Sec. 1702: Uniformity in procurement
terminology. |
|
Sec. 1703: Improving reporting on
small business goals. |
|
Sec. 1704. Responsibilities of Business
Opportunity Specialists. |
|
Sec. 1705. Responsibilities of commercial
market representatives. |
|
Sec. 1706. Modification of past performance
pilot program to include consideration of past performance with
allies of the United States. |
|
Sec. 1707. Notice of cost-free Federal
procurement technical assistance in connection with registration
of small business concerns on procurement websites of the
Department of Defense. |
|
Sec. 1708. Inclusion of SBIR and STTR
programs in technical assistance. |
|
Sec. 1709. Requirements relating to
competitive procedures and justification for awards under the SBIR and STTR programs. |
|
Sec. 1710. Pilot program for streamlined
technology transition from the SBIR and STTR programs of the
Department of Defense. |
|
Sec. 1711. Pilot program on strengthening
manufacturing in the defense industrial base. |
|
Sec. 1712. Review regarding applicability
of foreign ownership, control, or influence requirements of
National Industrial Security Program to national technology and
industrial base companies. |
|
Sec. 1713. Report on sourcing of tungsten
and tungsten powders from domestic producers. |
|
Sec. 1714. Report on utilization of small
business concerns for Federal contracts. |
|
TITLE
XVIII—GOVERNMENT PURCHASE AND TRAVEL CARDS |
|
Sec. 1801. Short title. |
|
Sec. 1802. Definitions. |
|
Sec. 1803. Expanded use of data analytics. |
|
Sec. 1804. Guidance on improving
information sharing to curb improper payments. |
|
Sec. 1805. Interagency charge card data
management group. |
|
Sec. 1806. Reporting requirements. |
