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

Subtitle F — Improve Acquisition Act

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

(a) Establishment of Requirements Processes for the Acquisition of Services- The Secretary of Defense shall ensure that the military departments and Defense Agencies each establish a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services.

(b) Operational Requirements- With regard to requirements for the acquisition of services in support of combatant commands and military operations, the Secretary shall ensure--

(1) that the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps implement and bear chief responsibility for carrying out, within the Armed Force concerned, the process established pursuant to subsection (a) for such Armed Force; and

(2) that commanders of unified combatant commands and other officers identified or designated as joint qualified officers have an opportunity to participate in the process of each military department to provide input on joint requirements for the acquisition of services.

(c) Supporting Requirements- With regard to requirements for the acquisition of services not covered by subsection (b), the Secretary shall ensure that the secretaries of the military departments and the heads of the Defense Agencies implement and bear chief responsibility for carrying out, within the military department or Defense Agency concerned, the process established pursuant to subsection (a) for such military department or Defense Agency.

(d) Implementation Plans Required- The Secretary shall ensure that an implementation plan is developed for each process established pursuant to subsection (a) that addresses, at a minimum, the following:

(1) The organization of such process.

(2) The level of command responsibility required for identifying, assessing, reviewing, and validating requirements for the acquisition of services in accordance with the requirements of this section and the categories established under section 2330(a)(1)(C) of title 10, United States Code.

(3) The composition of positions necessary to operate such process.

(4) The training required for personnel engaged in such process.

(5) The relationship between doctrine and such process.

(6) Methods of obtaining input on joint requirements for the acquisition of services.

(7) Procedures for coordinating with the acquisition process.

(8) Considerations relating to opportunities for strategic sourcing.

(e) Matters Required in Implementation Plan- Each plan required under subsection (d) shall provide for initial implementation of a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services not later than one year after the date of the enactment of this Act and shall provide for full implementation of such process at the earliest date practicable.

(f) Consistency With Joint Guidance- Whenever, at any time, guidance is issued by the Chairman of the Joint Chiefs of Staff relating to requirements for the acquisition of services in support of combatant commands and military operations, each process established pursuant to subsection (a) shall be revised in accordance with such joint guidance.

(g) Definition- The term `requirements for the acquisition of services' means objectives to be achieved through acquisitions primarily involving the procurement of services.

(h) Review of Supporting Requirements To Identify Savings- The secretaries of the military departments and the heads of the Defense Agencies shall review and validate each requirement described in subsection (c) with an anticipated cost in excess of $10,000,000 with the objective of identifying unneeded or low priority requirements that can be reduced or eliminated, with the savings transferred to higher priority objectives. Savings identified and transferred to higher priority objectives through review and revalidation under this subsection shall count toward the savings objectives established in the June 4, 2010, guidance of the Secretary of Defense on improved operational efficiencies and the annual reduction in funding for service support contractors required by the August 16, 2010, guidance of the Secretary of Defense on efficiency initiatives. As provided by the Secretary, cost avoidance shall not count toward these objectives.

(i) Extension of Authority- Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking `September 30, 2010' and inserting `December 31, 2011'.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

(a) Process Required- The Secretary of Defense shall ensure that each military department establishes a process for identifying, assessing, and approving requirements for the acquisition of services, and that commanders of unified combatant commands and other officers identified or designated as joint qualified officers have an opportunity to participate in the process of each military department to provide input on joint requirements for the acquisition of services.

(b) Guidance and Plan Required- The Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps shall--

(1) issue and maintain guidance relating to each process established under subsection (a); and

(2) develop a plan to implement each process established under subsection (a).

(c) Matters Required in Guidance- The guidance issued under subsection (b) shall establish, in relation to a process for identifying, assessing, and approving requirements for the acquisition of services, the following:

(1) Organization of such process.

(2) The level of command responsibility required for identifying and validating requirements for the acquisition of services in accordance with the categories established under section 2330(a)(1)(C) of title 10, United States Code.

(3) The composition of billets necessary to operate such process.

(4) The training required for personnel engaged in such process.

(5) The relationship between doctrine and such process.

(6) Methods of obtaining input on joint requirements for the acquisition of services.

(7) Procedures for coordinating with the acquisition process.

(8) Considerations relating to opportunities for strategic sourcing.

(d) Matters Required in Implementation Plan- Each plan required under subsection (b) shall provide for initial implementation of a process for identifying, assessing, and approving requirements for the acquisition of services not later than 180 days after the date of the enactment of this Act and shall provide for full implementation of such process at the earliest date practicable.

(e) Consistency With Joint Guidance- Whenever, at any time, guidance is issued by the Chairman of the Joint Chiefs of Staff relating to requirements for the acquisition of services, each process established under subsection (a) shall be revised in accordance with such joint guidance.

(f) Definition- The term `requirements for the acquisition of services' means objectives to be achieved through acquisitions primarily involving the procurement of services.

From H. R. 5013:  Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

(a) Process Required- The Secretary of Defense shall ensure that each military department establishes a process for identifying, assessing, and approving requirements for the acquisition of services, and that commanders of unified combatant commands and other officers identified or designated as joint qualified officers have an opportunity to participate in the process of each military department to provide input on joint requirements for the acquisition of services.

(b) Guidance and Plan Required- The Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps shall--

(1) issue and maintain guidance relating to each process established under subsection (a); and

(2) develop a plan to implement each process established under subsection (a).

(c) Matters Required in Guidance- The guidance issued under subsection (b) shall establish, in relation to a process for identifying, assessing, and approving requirements for the acquisition of services, the following:

(1) Organization of such process.

(2) The level of command responsibility required for identifying and validating requirements for the acquisition of services in accordance with the categories established under section 2330(a)(1)(C) of title 10, United States Code.

(3) The composition of billets necessary to operate such process.

(4) The training required for personnel engaged in such process.

(5) The relationship between doctrine and such process.

(6) Methods of obtaining input on joint requirements for the acquisition of services.

(7) Procedures for coordinating with the acquisition process.

(8) Considerations relating to opportunities for strategic sourcing.

(d) Matters Required in Implementation Plan- Each plan required under subsection (b) shall provide for initial implementation of a process for identifying, assessing, and approving requirements for the acquisition of services not later than 180 days after the date of the enactment of this Act and shall provide for full implementation of such process at the earliest date practicable.

(e) Consistency With Joint Guidance- Whenever, at any time, guidance is issued by the Chairman of the Joint Chiefs of Staff relating to requirements for the acquisition of services, each process established under subsection (a) shall be revised in accordance with such joint guidance.

(f) Definition- The term `requirements for the acquisition of services' means objectives to be achieved through acquisitions primarily involving the procurement of services.

The House bill contained a provision (sec. 104 of division D) that would require the Secretary of Defense to ensure that each military department establishes a process for establishing requirements for the acquisition of contract services.

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision, with an amendment to distinguish between the processes applicable to contract services in support of combatant commands and military operations, and other categories of contract services.

From H. Rpt. 111-465, accompanying  H. R. 5013: Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SECTION 104--REQUIREMENTS FOR THE ACQUISITION OF SERVICES

This section would require each of the Chiefs of Staff of the Armed Forces to establish a process for identifying, assessing, and approving requirements for the acquisition of services. This section would require that each process provide an opportunity for combatant commanders to provide input on their joint requirements and that each process be revised to be consistent with any future guidance issued by the Chairman of the Joint Chiefs of Staff relating to joint requirements for the acquisition of services. This section would require the issuance of guidance for each military service relating to: the organization of the requirements process; the level of command responsibility required to validate requirements for each category of services acquisition; the composition of billets necessary to operate the requirements process; the training required; the relationship to doctrine; methods of obtaining input on joint requirements for services; procedures for coordinating with the acquisition process; and opportunities for strategic sourcing. This section would require that such processes be initially implemented within 180 days after the date of enactment of this Act and fully implemented at the earliest date practicable. Lastly, the committee expects that such processes be consistent with the management structure for the procurement of services, as required by section 2330 of title 10, United States Code, and to provide for appropriate interaction and communication with the senior officials designated by section 2330 as responsible for the management of acquisition of contract services.