Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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Every one of 4,912 lines we hold for Mike D. Rogers, in date order, each linked to its source. Free to read, in full, without an account. Page 29 of 99.
“(2) Conforming amendments.-- (A) Title 10.--Title 10, United States Code, is amended-- (i) in section 3702(g), by striking ``Effective on October 1 of each year that is divisible by 5, each'' and inserting ``Each''; and (ii) in section 3742, by striking ``Effective on October 1 of each year that is divisible by five, the'' and inserting ``The''. (B) Title 41.--Section 3502(g) of title 41, United States Code, is amended by striking ``Effective on October 1 of each year that is divisible by 5, each'' and inserting ``Each''.”
“(3) The term ``national securities exchange'' means an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 821. MODIFICATION TO CERTAIN ACQUISITION THRESHOLDS. (a) Adjustment to Inflation.-- (1) In general.--Section 1908(c)(2) of title 41, United States Code, is amended by striking ``of each year evenly divisible by 5'' and inserting ``, 2028, and every 3 years thereafter''.”
“(d) Submission to Congressional Committees.--Not later than 60 days after the date on which the Inspector General of the Department of Defense receives the report required by subsection (c), the Inspector General shall submit to the congressional defense committees an unaltered copy of the report, along with any comments or recommendations that the Inspector General considers appropriate. (e) Definitions.--In this section: (1) The term ``defense audit agency'' means the Defense Contract Audit Agency and the Defense Contract Management Agency. (2) The term ``industry best practices'' means the best practices used to conduct audits, reviews, and surveillance of companies listed on a national securities exchange, in accordance with generally accepted auditing standards or national securities exchange requirements, as appropriate.”
“The report shall include-- (1) findings on the effectiveness of the defense audit agencies in conducting audits, reviews, and surveillance of defense contractors; (2) the comparison described in subsection (b)(1); (3) the comparison described in subsection (b)(2); (4) the assessment described in subsection (b)(3); and (5) Recommendations for improving the effectiveness of the defense audit agencies in conducting audits, reviews, and surveillance of defense contractors, including recommendations for-- (A) improving the training of the staff of the defense audit agencies who conduct such audits, reviews, and surveillance; (B) improving the accuracy and reliability of such audits, reviews, and surveillance; (C) ensuring the use of a materiality standard similar to the standard used in generally accepted auditing standards; (D) improving the processes used by the defense agencies to conduct such audits, reviews, and surveillance; (E) relieving the burdens on defense contractors of such audits, reviews, and surveillance without undermining the effectiveness and integrity of such audits, reviews, and surveillance; and (F) ensuring the effective implementation of such recommendations by the defense audit agencies and the effective monitoring of such implementation.”
“(2) A comparison of-- (A) the standards used by the defense audit agencies in connection with such audits, reviews, and surveillance, including the use of materiality standards; and (B) industry best practices for such standards. (3) The extent to which industry best practices are applicable and transferrable to the audits, reviews, and surveillance of defense contractors by the defense audit agencies. (c) Report.--Not later than one year after the date of the enactment of this Act, the entity contracted for the comprehensive review required by subsection (a) shall provide a report [[Page H4817]] on the results of the review to the Secretary of Defense and the Inspector General of the Department of Defense.”
“The purpose of the comprehensive review shall be to identify opportunities to improve the processes of the defense audit agencies for auditing, reviewing, and surveilling defense contractors, including to streamline the auditing, reviewing, and surveilling processes, ensure materiality of reviews, and generally improve the effectiveness of the audits, reviews, and surveillance activities of the defense audit agencies. (b) Elements.--The comprehensive review required by subsection (a) shall assess the following: (1) A comparison of-- (A) the processes used by the defense audit agencies to conduct audits, reviews, and surveillance of defense contractors; and (B) industry best practices for such processes.”
“SEC. 811. REVIEW OF DEFENSE AUDIT AGENCIES. (a) Review Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with an entity that conducts audits, reviews, or surveillance of companies listed on a national securities exchange, to conduct a comprehensive review of the standards, guidance, and policies of the defense audit agencies relating to audits, reviews, and surveillance of defense contractors.”
“(2) The percentage of local produce, seafood, and meat available, and projected percentage after two years of implementing such plan-- (A) in each commissary store located on a military installation located in the area of responsibility of the United States Indo-Pacific Command; (B) in each dining facility located on a military installation located in the area of responsibility of the United States Indo-Pacific Command; and (C) onboard a naval vessel located in the area of responsibility of the United States Indo-Pacific Command. (d) Local Defined.--In this section, the term ``local'' means, with respect to produce, seafood, or meat, that such produce, seafood, or meat is sourced from a partner or allied nation or a State or territory of the United States located in the area of responsibility of the United States Indo- Pacific Command.”
“Such plan will include a requirement, to the extent practicable, to procure local produce for commissary stores located in such area of responsibility. (b) Prohibition on Procurement of Foreign Produce or Meat.--Section 4862(g)(2)(A) of title 10, United States Code, is amended by inserting ``, produce, or meat'' after ``seafood''. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that include the following: (1) The plan required under subsection (a), including ways in which the plan would-- (A) support partner or allied nations that are experiencing economic coercion from China; and (B) provide fresher food in dining facilities or commissary stores described in such subsection.”
“``(2) The term `initial spare' means a repairable or consumable part for use in a major defense acquisition program during the initial period of service of such weapon system.''. SEC. 810. PROCUREMENT OF LOCAL PRODUCE, SEAFOOD, AND MEAT IN THE AREA OF RESPONSIBILITY OF THE UNITED STATES INDO-PACIFIC COMMAND. (a) Procurement for Certain Facilities in the Indo-Pacific Region.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a plan to be carried out by the Defense Commissary Agency and the Defense Logistics Agency to increase procurement of local produce, seafood, and meat for a dining facility or commissary store located on a military installation or onboard a naval vessel located in the area of responsibility of the United States Indo-Pacific Command.”
“Section 4274 of title 10, United States Code, is amended to read as follows: ``Sec. 4274. Procurement of initial spares ``(a) In General.--Before awarding a contract for a covered end item, the contracting officer for such covered end item shall determine, in writing, that sufficient amounts have been programmed and budgeted for the procurement of initial spares associated with the covered end item. ``(b) Definitions.-- ``(1) The term `covered end item' means an end item (as defined section 4863 of this title) for a major defense acquisition program to be procured after the Milestone C approval (as defined in section 4172 of this title) for such major defense acquisition program.”
“(2) Report.--Not later than 90 days after the date on which the Secretary and the organization enter into the agreement required by paragraph (1), the organization shall submit to the Secretary a report on the results of the activities carried out under paragraph (1). (3) Consideration of report.--In implementing the initial approach required by subsection (a) of such section 3843, and in defining the minimum requirements for contractor business systems under subsection (b) of such section, the Secretary shall take into account the report submitted under paragraph (2). (d) Repeal of Contractor Business Systems Improvement Program.--Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. note prec. 3841) is repealed. SEC. 809. PROCUREMENT OF INITIAL SPARES.”
“(c) Report on Implementing Approach and Defining Minimum Requirements.-- (1) Agreement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with the acquisition research organization described in section 4142(a) of title 10, United States Code, requiring the organization to-- (A) document and evaluate commercial best practices and industry standards for each type of contractor business system, as described in subsection (b) of such section 3843; and (B) make recommendations for the approach required by subsection (a) of such section 3843.”
“For purposes of this paragraph, a reasonable possibility exists when the likelihood of an event occurring-- ``(A) is probable; or ``(B) is more than remote but less than likely.''. (b) Implementation.--The initial approach required by section 3843 of title 10, United States Code, as added by subsection (a), shall be implemented not later than December 1, 2027.”
“``(f) Definitions.--In this section: ``(1) The term `contractor business system' means an integrated set of internal controls, processes, procedures, personnel, and information capabilities that a contractor uses to plan, execute, monitor, and report on its performance of Government contracts in a manner that is accurate, consistent, auditable, and compliant with clear and specific business system requirements that are identified and made publicly available. ``(2) The term `material weakness' means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable possibility that a material misstatement of such information will not be prevented, or detected and corrected, on a timely basis.”
“``(e) Guidance and Training.--The approach implemented under subsection (a) shall provide guidance and training to appropriate Government officials on the approach, the requirements and limitations in subsection (c) that apply to companies that are subject to the securities laws, the data that is produced by contractor business systems, and the manner in which such data should be used to effectively manage Department programs.”
“``(d) Corrective Actions and Remedies.--The approach implemented under subsection (a) shall ensure the following: ``(1) If the Secretary determines under subsection (c) that a contractor business system has a material weakness, appropriate officials of the Department will be available to work with the contractor to develop a corrective action plan defining specific actions to be taken to address the material weakness and a schedule for the implementation of such actions. ``(2) The Secretary may pursue any other remedies that may be available under the contract or under any other applicable law and regulation.”
“``(3) Notwithstanding paragraph (2), the Secretary may establish a profit-based exemption for cases in which the contractor is a company that is subject to the securities laws. Under the exemption, the contractor business system of such a contractor may be exempt from further review by the Secretary if the level of profit of the contractor, taking into account all contracts of the contractor with the Department, is below a threshold level established by the Secretary.”
“7262(b)), and certified documentation from such registered public accounting firm reflects-- ``(A) the unqualified opinion of such firm with respect to the contractor business system, such documentation shall eliminate the need for further review of the contractor business system by the Secretary; ``(B) a qualified opinion of such firm with respect to the contractor business system, the Secretary shall review only those aspects of the contractor business system as to which the opinion was qualified rather than unqualified; and ``(C) an adverse opinion of such firm with respect to the contractor business system, the Secretary shall take action under paragraph (1) or (2), or both, of subsection (d).”
“``(2) In a case in which the contractor is a company that is subject to the securities laws, if a registered public accounting firm attests to the internal control assessment of the contractor, pursuant to section 404(b) of the Sarbanes- Oxley Act of 2002 (15 U.S.C.”
“``(b) Minimum Requirements for Surveillance.--In establishing the minimum requirements for surveillance under subsection (a)(1) for each type of contractor business system, the Secretary shall ensure that such requirements do not exceed the minimum requirements that are necessary to conform with commercial best practices or industry standards, as applicable, for that type of system. ``(c) Surveillance and Review.--(1) Except as provided in paragraphs (2) and (3), in implementing the requirements of this section, the Secretary shall ensure that the frequency of review of a contractor business system shall be not more than once every three years, unless the standard surveillance activities under subsection (a)(2) indicate that the system has or may have a material weakness.”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contractor business systems that-- ``(1) minimizes the requirements for the surveillance of contractor business systems to only those that are necessary to conform with commercial best practices or industry standards, as applicable; ``(2) integrates the surveillance of contractor business systems into the Defense Contract Management Agency's standard surveillance [[Page H4816]] framework, and requires that any additional reviews be risk- based and informed by the results of those standard surveillance activities; and ``(3) allows a contractor to provide internal reports in connection with such standard surveillance activities and targeted reviews, and ensures that any such report is considered in the course of reviewing the contractor's business systems.”
“``(b) Relation to Existing Contract Writing Systems and Acquisition Management Systems.--Notwithstanding subsection (a), the head of an executive agency other than the Department of Defense shall meet the requirements of subsection (a)(2) with respect to approved electronic contract writing systems if they were in compliance with the requirements established pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2013 (41 U.S.C. prec. 3101 note) on the date of enactment of this section until such time as those requirements are updated pursuant to subsection (a).''. (f) Repeal of Prior Related Provision.--Section 862 of the National Defense Authorization Act for Fiscal Year 2013 (41 U.S.C. 3101 note prec.) is repealed. SEC. 808. RISK-BASED APPROACH TO MONITORING CONTRACTOR BUSINESS SYSTEMS.”
“Requirements for electronic contract writing systems and acquisition management systems ``(a) The Administrator for Federal Procurement Policy, with respect to the executive agencies other than the Department of Defense, shall-- ``(1) establish or update, as necessary, uniform data standards, internal control requirements, independent verification and validation requirements, and business process rules for processing procurement requests, contracts, receipts, and invoices by the Department of Defense or other executive agencies, as applicable; ``(2) establish or update, as necessary, and maintain one or more approved electronic contract writing systems that conform with the standards, requirements, and rules established pursuant to paragraph (1); and ``(3) require the use of electronic contract writing systems approved in accordance with paragraph (2) for all contracts entered into by executive agencies other than the Department of Defense, as applicable.”
“(d) Applicability to Current Vendors.--For each system identified under paragraph (2)(A) that is a commercial product or commercial service as of the date on which the policy described in paragraph (1) is established, if the vendor of the system reasonably demonstrates that the system has the capability to meet a preponderance of the Department's requirements, the Secretary shall ensure that the vendor is given a reasonable opportunity to address any unmet requirements, as long as the unmet requirements can be delivered not later than the date that is 270 days after the date of the enactment of this Act and at no development cost to the Department. (e) Uniform Requirements for Certain Executive Agencies.-- Subchapter II of chapter 11 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 1132.”
“(3) Matters included in strategy.--The strategy shall include-- (A) a description of the coordination necessary within and among the military departments, the Defense Agencies, and other elements of the Department to enable successful transition; (B) for each system identified under paragraph (2)(A) that is not in compliance with the policy described in paragraph (1), a timeline for transitioning from that system, including an estimate of anticipated reductions in deployment timelines for the system to reach full operating capability; (C) for each system identified under paragraph (2)(A), a strategy for hosting the system on a platform in compliance with the policy described in paragraph (1), including an evaluation of opportunities to leverage existing commercially available or commercial off-the-shelf products and services to reduce the Government's cost of maintaining infrastructure and associated sustainment costs; (D) a recommended approach to speed the adoption of secure artificial intelligence (``AI'') services for such systems, including how best to prioritize the adoption of commercially available or commercial off-the-shelf products and services with AI technology to help prevent the proliferation of redundant and disconnected AI tools; (E) an identification of funding, staffing, and resource requirements associated with implementation of such systems; (F) an identification of any challenges, barriers, or risks affecting implementation of such systems and recommended approaches to addressing or mitigating such challenges, barriers, or risks; and (G) a cost estimate associated with the transition from the current state to full implementation of the policy described in paragraph (1), including any cost savings associated with the reduction or elimination of continued use and development of systems that are not commercial products or commercial services.”
“(2) Assessment to inform strategy.--The strategy shall include, and be based on, an assessment of the current state, including-- (A) an inventory identifying each such system in use, in development, or in deployment within the Department; and (B) for each system identified under subparagraph (A)-- (i) an identification of the offices and officials responsible for the system; (ii) a cost benefit analysis, including an assessment of the criticality of the system and impact on the mission, and an identification of the system as a commercially available of-the-shelf item, an item developed by the Government, or a Government-off-the-shelf item, as applicable; and (iii) an identification of the annual spending on the system, from inception and estimated remaining cost to complete application baselines and expected annual support and maintenance costs once complete, broken down by-- (I) Government labor and expense; (II) contracted costs (such as the costs of software licenses and contractor support); and (III) costs associated with the current hosting approach on the current platform, including identification of the Government's cost of maintaining infrastructure and associated sustainment costs.”
“(b) Implementation.--The initial standards, requirements, and policies required by section 4755 of title 10, United States Code, as added by subsection (a), shall be established not later than 180 days after the date of the enactment of this Act. (c) Assessment and Phased Implementation Strategy.-- (1) Requirement for strategy.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the strategy of the Secretary to transition the electronic contract writing systems and acquisition management systems of the Department of Defense to full implementation of the policy established as required by section 4755(2) of title 10, United States Code, as added by subsection (a).”
“Requirements for electronic contract writing systems and acquisition management systems ``The Secretary shall-- ``(1) establish, maintain, and make publicly available uniform data standards, internal control requirements, and independent verification and validation requirements for processing procurement requests, contracts, receipts, and invoices by the Department; and ``(2) establish policy to ensure that each electronic contract writing system and acquisition management system of the Department-- ``(A) substantially conforms with the standards, requirements, and rules established pursuant to paragraph (1); and ``(B) is a commercial product or commercial service, as required by section 3453 of this title, unless the head of the agency makes the determination required by section 3453(d) of this title regarding non-availability of commercial products or commercial services.''.”
“(b) Conforming Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation carry out the amendments made by this section. (c) Technical Amendment.--Section 3804 of title 10, United States Code, is amended by striking ``defense contract'' each place it appears and inserting ``contract''. SEC. 807. UNIFORM REQUIREMENTS FOR ELECTRONIC CONTRACT WRITING SYSTEMS AND ACQUISITION MANAGEMENT SYSTEMS. (a) Uniform Requirements for the Department of Defense.-- Chapter 367 of title 10, United States Code, is amended by inserting after section 4754 the following new section: ``Sec. 4755.”
“``(B) The 60-day limitation in subparagraph (A) shall not apply if the service acquisition executive or portfolio acquisition executive, as applicable, determines such limitation would materially impair the ability of the Department to protect the interests of the Government interests or would create a material risk to the Department.''.''; and (2) by adding at the end the following new subsection: ``(d) Covered Condition Defined.--In this section, the term `covered condition' means any of the conditions listed in section 52.232-16(c) of the Federal Acquisition Regulation (or successor regulation).''.”
“``(4)(A) Any suspension of progress payments under paragraph (3) shall last not more than 60 calendar days if-- ``(i) the prime contractor submits to the relevant contracting officer a written corrective action plan addressing the covered condition that was the basis for the suspension; ``(ii) the prime contractor initiates corrective action consistent with the submitted written plan within such 60-day period; and ``(iii) the service acquisition executive or portfolio acquisition executive, as applicable, after consultation with the head of the contracting activity and the relevant contracting officer, determines that both the corrective action plan and the initiated corrective action are sufficient to address the covered condition and meet the cost, schedule, performance, delivery, quality, readiness, sustainment, and financial-interest objectives of the Department.”
“``(3) After finding substantial evidence that a covered condition applies for a contract, the Secretary of Defense may suspend a progress payment for such contract only if-- ``(A) the relevant contracting officer submits to the prime contractor for such contract a written statement of the substantial evidence that a [[Page H4815]] covered condition applies and provides the prime contractor ten calendar days to submit a written rebuttal; ``(B) the head of the contracting activity reviews such statement and any rebuttal and recommends the suspension of the progress payment for such contract; and ``(C) the service acquisition executive notifies the Committees on Armed Services of the House of Representatives and the Senate in writing of the suspension of progress payments for such contract and of the substantial evidence that a covered condition applies.”
“``(c) Covered Contract Defined.--In this section, the term `covered contract' means a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation.''. SEC. 806. LIMITATION ON SUSPENSION OF PROGRESS PAYMENTS. (a) Conditions for Progress Payments.--Section 3804 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Commensurate With Work''; (B) by inserting ``(1)'' before ``The Secretary of Defense''; and (C) by adding at the end the following new paragraphs: ``(2) After finding substantial evidence that a covered condition applies for a contract, the Secretary of Defense may reduce a progress payment, increase the rate of liquidation, or both for such contract.”
“``(b) Noncompliance.--With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information: ``(1) An identification of such offeror and the specific product or service to which such report should relate. ``(2) The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service.”
“Reporting of increases above specified prices ``(a) In General.--An offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to-- ``(1) 25 percent more than the price specified in the covered contract bid; ``(2) 25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or ``(3) 50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into.”
“Section 3706(c) of title 10, United States Code, is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(5) updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old.''. SEC. 805. REPORTING OF PRICE INCREASES. Chapter 271 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3710.”
“Section 3452 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(f) Limitations.--The Secretary of Defense may not-- ``(1) include in the lists required by subsections (b) and (c)(1) any contract clause that is substantially similar to a contract clause for commercial products or commercial services that is required by the Federal Acquisition Regulation or otherwise required by the Department of Defense Supplement to the Federal Acquisition Regulation; and ``(2) include in a contract for the procurement of commercial products or commercial services a contract clause from the Department of Defense Supplement to the Federal Acquisition Regulation or Federal Acquisition Regulation that is not included on such lists.''. SEC. 804. ELIMINATION OF LATE COST AND PRICING DATA SUBMISSION DEFENSE.”
“(c) Conforming Repeals.-- (1) Department of defense requirement.--Section 813 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 3241) is repealed. (2) Government-wide requirement.--Section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note) is repealed. SEC. 803. LIMITATION ON CERTAIN CONTRACT CLAUSES FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES.”
“``(d) Definitions.--In this section: ``(1) Executive agency.--The term `executive agency' has the meaning given that term in section 102 of title 40, except that the term does not include the Department of Defense. ``(2) Contingency operation.--The term `contingency operation' has the meaning given that term in section 101 of title 10.''. (B) Clerical amendment.--The table of contents for such chapter is amended by inserting after the item relating to section 4714 the following new item: ``4715. Use of lowest price technically acceptable source selection process.''. (b) Ensuring Best Value in Procurement.--Section 152(3)(B) of title 41, United States Code, is amended by striking ``lowest overall cost alternative'' and inserting ``best value''.”
“``(c) Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria in Certain Procurements.--To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of-- ``(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, health care services and records, telecommunications devices and services, munitions response services, or other knowledge-based professional services; ``(2) personal protective equipment; or ``(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States.”
“``(b) Regulations.--The Federal Acquisition Regulatory Council shall ensure the Federal Acquisition Regulation requires that lowest price technically acceptable source selection criteria are used only in situations in which-- ``(1) an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers; ``(2) the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal; ``(3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror's proposal versus a competing proposal; ``(4) the executive agency has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency; ``(5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and ``(6) the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.”
“(2) Title 41.-- (A) In general.--Chapter 47 of title 41, United States Code, is amended by inserting after section 4714 the following new section: ``Sec. 4715. Use of lowest price technically acceptable source selection process ``(a) Statement of Policy.--It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process.”
“``(c) Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria in Certain Procurements.--To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of-- ``(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services; ``(2) personal protective equipment; or ``(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States.''.”
“``(b) Regulations.--The Secretary of Defense shall ensure the Defense Federal Acquisition Regulation Supplement requires that lowest price technically acceptable source selection criteria are used only in situations in which-- ``(1) the Department of Defense is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers; ``(2) the Department of Defense would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal; ``(3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror's proposal versus a competing proposal; ``(4) the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the Department; ``(5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; ``(6) the Department of Defense has determined that the lowest price reflects full life-cycle costs, including for operations and support; ``(7) the Department of Defense would realize no, or minimal, additional innovation or future technological advantage by using a different methodology; and ``(8) with respect to a contract for procurement of goods, the goods procured are predominantly expendable in nature, nontechnical, or have a short life expectancy or short shelf life.”
“(a) Codification of Use of Lowest Price Technically Acceptable Source Selection Process.-- (1) Title 10.--Chapter 223 of title 10, United States Code, is amended by inserting after section 3243 the following new section: ``Sec. 3244. Use of lowest price technically acceptable source selection process ``(a) Statement of Policy.--It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source [[Page H4814]] selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source selection process.”
“(2) Applicability.--The authorities provided by sections 3105a, 3105b, and 3105c of such title, as added by this section, shall apply on and after the date on which such guidance is issued, except as provided in paragraphs (3) and (4). (3) Reports.--The first report required by section 3105a of such title shall be submitted not later than one year after the date of the enactment of this Act. (4) Additional tailored metrics.--The first set of additional tailored metrics required by section 3105b of such title shall be submitted not later than 270 days after the date of the enactment of this Act. SEC. 802. ENSURING BEST VALUE IN PROCUREMENT.”
“``(e) Limitations.--A designation under subsection (a) shall not-- ``(1) constitute a sole-source justification or otherwise relieve the contracting officer of the obligation to conduct full and open competition as required by applicable law, regulation, and policy; or ``(2) be used to evaluate the past performance of an offeror in a source selection under a defense acquisition program not assigned to the portfolio acquisition executive that made the designation, except with the prior written concurrence of the porfolio acquisition executive to whom the defense acquisition program is assigned.''. (b) Implementation.-- (1) Guidance.--The guidance required by section 3105a of title 10, United States Code, as added by this section, shall be issued not later than 180 days after the date of the enactment of this Act.”
“``(d) Effect of Designation.--In any competitive source selection conducted under the defense acquisition programs assigned to a portfolio acquisition executive that has made a designation under subsection (a) that remains in effect, the contracting officer shall assign to any offeror with such a designation a past performance confidence rating of substantial confidence, except in a case in which the contracting officer determines, for specific documented reasons supported by specific performance data, to assign a lower past performance rating. In such a case, the contracting officer shall document in writing such determination, such reasons, and such data.”
“``(2) A portfolio acquisition executive may revoke a designation under subsection (a) at any time upon a determination that the contractor no longer satisfies a requirement in subsection (a). The portfolio acquisition executive shall make the revocation in writing, ensure that it is documented in any contractor past performance database used by the Department, and report the revocation not later than 30 days after making the revocation to the Under Secretary of Defense for Acquisition and Sustainment and the component acquisition executive or service acquisition executive of the military department concerned, as applicable.”