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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) EXTENSION OF PILOT PROGRAM- Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) is amended in subsection (e) by striking `January 1, 2003' and inserting `January 1, 2004'.

(b) REPORT REQUIRED- (1) Not later than March 15, 2003, the Comptroller General shall submit to Congress a report on the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures authorized by section 2304(g)(1) of title 10, United States Code, and section 31(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)).

(2) The report required by paragraph (1) shall address, at a minimum--

(A) the extent to which such authority has been used by the Secretary of Defense;

(B) the benefits realized by the Department of Defense through the use of such authority;

(C) the impact of the use of such authority on competition for contracts with the Department of Defense; and

(D) any recommendations of the Comptroller General for the continuation or modification of such authority.

Conference Report 107-772

The House bill contained a provision (sec. 804) that would extend for one year the pilot program established in section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104 106). The provision would also require the Secretary of Defense to report to Congress on the pilot program. (See H. R. 4546 - House Bill and House Report 107-436 below)

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) require a report by the Comptroller General instead of the Secretary of Defense; and (2) clarify the issues to be addressed in the report.

H. R. 4546 - House Bill

SEC. 804. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL ITEMS; REPORT.

(a) EXTENSION OF PILOT PROGRAM- Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in subsection (e) by striking `January 1, 2003' and inserting `January 1, 2004'.

(b) REPORT REQUIRED- Not later than January 15, 2003, the Secretary of Defense shall submit to Congress a report on whether the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures authorized by section 2304(g)(1) of title 10, United States Code, section 303(g)(1) of the Federal Property and Administrative Services Act of 1949, and section 31(a) of the Office of Federal Procurement Policy Act, should be made permanent.

House Report 107-436

SECTION 804--ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURE TO CERTAIN COMMERCIAL ITEMS; REPORT

This section would amend section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) by extending for one more year the authority for the Secretary of Defense to use simplified acquisition procedures for the purchase of commercial items not greater then $5.0 million. The section would also require the Secretary of Defense to report to Congress, no later than January 15, 2003, whether authority under the pilot program should be made permanent. The report should also address the benefits and usefulness of this pilot program.