How To Use the NDAA Pages

Back to NDAA Contents

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

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 116-92

House Conference Report 116-333

(a) Modification of Justification and Approval Requirement.--

Notwithstanding section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)--

(1) no justification and approval is required under such section for a sole-source contract awarded by the Department of Defense in a covered procurement for an amount not exceeding
$100,000,000; and

(2) for purposes of subsections (a)(2) and (c)(3)(A) of such section, the appropriate official designated to approve the justification for a sole-source contract awarded by the Department of Defense in a covered procurement exceeding $100,000,000 is the official designated in section 2304(f)(1)(B)(ii) of title 10, United States Code.

(b) Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the authority under subsection (a).

(c) Comptroller General Review.--

(1) Data tracking and collection.--The Department of Defense
shall track the use of the authority as modified by subsection (a)
and make the data available to the Comptroller General for purposes
of the report required under paragraph (2).

(2) Report.--Not later than March 1, 2022, the Comptroller General of the United States shall submit a report to the congressional defense committees on the use of the authority as modified by subsection (a) through the end of fiscal year 2021. The report shall include--

(A) a review of the financial effect of the change to the justification and approval requirement in subsection (a) on the native corporations and businesses and associated native communities;

(B) a description of the nature and extent of contracts excluded from the justification and approval requirement by subsection (a); and

(C) other matters the Comptroller General deems appropriate.

The Senate bill contained a provision (sec. 842) that would revise authorities relating to Department of Defense approval of certain sole source awards to 8(a) firms, which include tribes, Alaska Native, and Hawaiian firms.

Specifically, the threshold for requiring justification and approval would be increased to $100.0 million and the approving authority would be the head of procuring activity or a
designee. The provision would also require the Department to collect data and the Comptroller General of the United States to report to the congressional defense committees on the impact of the provision.

The House amendment contained a similar provision (sec. 830).

The House recedes with an amendment that clarifies details of the Comptroller General review. 

Senate Report 116-48

Modification of justification and approval requirement for certain Department of Defense contracts (sec. 842)

The committee recommends a provision that would revise authorities relating to Department of Defense approval of certain sole source awards to 8(a) firms, which include tribes, Alaska Native, and Hawaiian firms. Specifically, the threshold for requiring justification and approval would be increased to $100.0 million and the approving authority would be the head of procuring activity or a designee. The provision would also require the Department of Defense to collect data and the Comptroller General of the United States to report to the congressional defense committees on the impact of the provision.

The committee directs the Secretary of Defense to ensure compliance with all appropriate acquisition regulations and Small Business Administration rules, including those regarding ownership of 8(a) firms and in managing the subcontracting of work contracted to 8(a) firms. In ensuring such compliance, the committee directs the Under Secretary of Defense for Acquisition and Sustainment to establish mechanisms to collect and analyze relevant data.