HOME  |  CONTENTS  |  DISCUSSIONS  BLOG  |  QUICK-KITs|  STATES

Loading

How To Use the NDAA Pages

Back to NDAA Contents

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

Subtitle D Provisions Relating to Contracts in Support of Contingency Operations

P. L. 112-

House Conference Report 112-705

SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR FUTURE OVERSEAS CONTINGENCY OPERATIONS INVOLVING COMBAT OPERATIONS.

(a) In General- Not later than one year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall each issue guidance regarding data collection on contract support for future contingency operations outside the United States that involve combat operations.

(b) Elements- The guidance required by subsection (a) shall ensure that the Department of Defense, the Department of State, and the United States Agency for International Development take the steps necessary to ensure that each agency has the capability to collect and report, at a minimum, the following data regarding such contract support:

(1) The total number of contracts entered into as of the date of any report.

(2) The total number of such contracts that are active as of such date.

(3) The total value of contracts entered into as of such date.

(4) The total value of such contracts that are active as of such date.

(5) An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures.

(6) The total number of contractor personnel working under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(7) The total number of contractor personnel performing security functions under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(8) The total number of contractor personnel killed or wounded under any contracts entered into.

(c) Comptroller General Review and Report-

(1) REVIEW- The Comptroller General of the United States shall review the data system or systems established to track contractor data pursuant to subsections (a) and (b). The review shall, with respect to each such data system, at a minimum--

(A) identify each such data system and assess the resources needed to sustain such system;

(B) determine if all such data systems are interoperable, use compatible data standards, and meet the requirements of section 2222 of title 10, United States Code; and

(C) make recommendations on the steps that the Department of Defense, the Department of State, and the United States Agency for International Development should take to ensure that all such data systems--

(i) meet the requirements of the guidance issued pursuant to subsections (a) and (b);

(ii) are interoperable, use compatible data standards, and meet the requirements of section 2222 of such title; and

(iii) are supported by appropriate business processes and rules to ensure the timeliness and reliability of data.

(2) REPORT- Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit a report on the review required by paragraph (1) to the following committees:

(A) The congressional defense committees.

(B) The Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

(C) The Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives.

Data collection on contract support for future overseas contingency operations involving combat operations (sec. 844)

The Senate amendment contained a provision (sec. 862) that would require annual reports on contract support for any future overseas contingency operation meeting specified criteria.

The House bill contained no similar provision.

The House recedes with an amendment that would: (1) require the Secretary of Defense (DOD), the Secretary of State, and the Administrator of the United States Agency for International Development to ensure that their agencies have the capability in place to collect and report relevant data on contract support for future overseas contingency operations; and (2) require the Government Accountability Office (GAO) to report to the appropriate congressional committees on the adequacy of data collection systems established for this purpose.

The ability of the DOD and other federal agencies to effectively manage and coordinate contractors depends on the timely availability of reliable data upon which to make informed decisions. If data is lacking or is unreliable, there may not be an appropriate basis for measuring or assessing the effectiveness of contracting, making policy decisions, and ensuring transparency of government operations.

In Iraq and Afghanistan, DOD and other federal agencies have been unable to accurately track data on contracts and contractors. In 2004, the U.S. Army Corps of Engineers and the Project and Contracting Office developed the Iraq Reconstruction Management System (IRMS) to serve as a single database for tracking, coordinating, and managing all U.S. Government agency projects receiving Iraq Relief and Reconstruction Funds. According to the Special Inspector General for Iraq Reconstruction, IRMS had a short design life and rapidly became operationally unreliable and unstable. DOD and other agencies frequently used internal systems to track and manage their own projects. In July 2008, DOD and the Department of State agreed to use the Synchronized Predeployment Operational Tracker (SPOT) as a common database and system of record for data on contracts and contractor personnel. However, GAO and others have raised serious questions about the reliability of the data contained in SPOT. The conferees conclude that improved contract data systems are critical to ensure sound decision-making and transparency in future overseas operations.

Senate Report 112-173

Annual reports on contract support for overseas contingency operations involving combat operations (sec. 862)

The committee recommends a provision that would require the Secretary of Defense to submit an annual report on contract support for any overseas contingency operation that includes combat operations and for which annual contract obligations exceed $250.0 million. The committee notes that the reports required by this provision are identical to the reports already provided for contracting in Iraq and Afghanistan pursuant to section 863 of the National Defense Authorization Act for 2008 (Public Law 110-181), as amended by section 835 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOUT  l CONTACT