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National Defense Authorization Act for Fiscal Year 2008

(P. L. 110-181)

Analysis of Contracting Related Sections

 House Conference Report 110-477

 Senate Armed Services Committee Report 110-77

House Armed Services Committee Report 110-146


Using the NDAA 2008 Pages.

Subtitle C — Workplace and Depot Issues
SEC. 322. Modification to public-private competition requirements before conversion to contractor performance.
SEC. 323. Public-private competition at end of period specified in performance agreement not required.
SEC. 324. Guidelines on insourcing new and contracted out functions.
SEC. 325. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions.
SEC. 326. Bid protests by federal employees in actions under Office of Management and Budget Circular A-76.
SEC. 327. Public-private competition required before conversion to contractor performance.
Subtitle A — Acquisition Policy and Management
SEC. 801.  Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.
SEC. 802.  Lead systems integrators.
SEC. 804.  Clarification of the Protection of Strategic Materials Critical to National Security.
SEC. 805.  Procurement of commercial services.
SEC. 806.  Specification of amounts requested for procurement of contract services.
SEC. 807.  Inventories and reviews of contracts for services.
SEC. 808.  Independent management reviews of contracts for services.
SEC. 809.  Implementation and enforcement of requirements applicable to undefinitized contractual actions.
SEC. 810.  Clarification of limited acquisition authority for Special Operations Command.
Subtitle B — Provisions Relating to Major Defense Acquisition Programs
SEC. 811.  Requirements applicable to multiyear contracts for the procurement of major systems of the Department of Defense.
SEC. 812.  Changes to Milestone B certifications.
SEC. 813.  Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.
SEC. 814.  Clarification of submission of cost or pricing data on noncommercial modifications of commercial items.
SEC. 815.  Clarification of rules regarding the procurement of commercial items.
SEC. 816.  Review of systemic deficiencies on major defense acquisition programs.
SEC. 817.  Investment strategy for major defense acquisition programs
SEC. 818.  Report on implementation of recommendations on total ownership cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 821.  Plan for restricting government-unique contract clauses on commercial contracts.
SEC. 822.  Extension of authority for use of simplified acquisition procedures for certain commercial items.
SEC. 823.  Five-year extension of authority to carry out certain prototype projects.
SEC. 824.  Exemption of Special Operations Command from certain requirements for certain contracts relating to vessels, aircraft, and combat vehicles.
SEC. 826.  Market research.
SEC. 827.  Modification of competition requirements for purchases from Federal Prison Industries.
SEC. 828.  Multiyear contract authority for electricity from renewable energy sources.
SEC. 829.  Procurement of fire resistant rayon fiber for the production of uniforms from foreign sources.
SEC. 830.  Comptroller General review of non-competitive awards of congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
SEC. 841.  Commission on Wartime Contracting in Iraq and Afghanistan.
SEC. 842.  Investigation of waste, fraud, and abuse in wartime contracts and contracting processes in Iraq and Afghanistan.
SEC. 843.  Enhanced competition requirements for task and delivery order contracts.
SEC. 844.  Public disclosure of justification and approval documents for noncompetitive contracts.
SEC. 845.  Disclosure of government contractor audit findings.
SEC. 846.  Protection of contractor employees from reprisal for disclosure of certain information.
SEC. 847.  Requirements for senior Department of Defense officials seeking employment with defense contractors.
SEC. 848.  Report on contractor ethics programs of major defense contractors.
SEC. 849.  Contingency contracting training for personnel outside the acquisition workforce and evaluations of Army Commission recommendations.
Subtitle E — Acquisition Workforce Provisions
SEC. 851.  Requirement for section on defense acquisition workforce in strategic human capital plan.
SEC. 852.  Department of Defense acquisition workforce development fund.
SEC. 853.  Extension of authority to fill shortage category positions for certain federal acquisition positions.
SEC. 854.  Repeal of sunset of acquisition workforce training fund.
SEC. 855.  Federal acquisition workforce improvements.
Subtitle F — Contracts in Iraq and Afghanistan
SEC. 861.  Memorandum of understanding on matters relating to contracting.
SEC. 862.  Contractors performing private security functions in areas of combat operations.
SEC. 863.  Comptroller General reviews and reports on contracting in Iraq and Afghanistan.
SEC. 864.  Definitions and other general provisions.
Subtitle H — Other Matters
SEC. 883.  Modifications to limitation on contracts to acquire military flight simulator.
SEC. 884.  Requirements relating to waivers of certain domestic source limitations relating to specialty metals.
SEC. 886.  Enhanced authority to acquire products and services produced in Iraq and Afghanistan.
SEC. 887.  Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.
SEC. 888.  Green procurement policy.
SEC. 891.  Procurement goal for native Hawaiian-serving institutions and Alaska native-serving institutions.
SEC. 892.  Competition for procurement of small arms supplied to Iraq and Afghanistan.
Subtitle A — Department of Defense Management
SEC. 905.  Revision in guidance relating to combatant command acquisition authority.
SEC. 907.  Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition, Technology, and Logistics.
SEC. 908.  Assistant secretaries of the military departments for acquisition matters; principal military deputies.
SEC. 909.  Sense of Congress on term of office of the Director of Operational Test and Evaluation.

Subtitle F — Other Matters

SEC. 1076.  Sense of Congress on Small Business Innovation Research program.
Subtitle B — Matters Relating to Iraq and Afghanistan
SEC. 1221.  Modification of authorities relating to the office of the Special Inspector General for Iraq Reconstruction.
Not Adopted
Legislative Provisions Not Adopted


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