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

Conference Report Section

Legislative History

SEC. 828. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.

    (a) IN GENERAL- The Secretary of the Army shall submit a report on the effects of the establishment of an Army Contracting Agency on small business participation in Army procurements during the first year of operation of such an agency to--

      (1) the Committee on Armed Services of the House of Representatives;

      (2) the Committee on Armed Services of the Senate;

      (3) the Committee on Small Business of the House of Representatives; and

      (4) the Committee on Small Business and Entrepreneurship of the Senate.

    (b) CONTENT- The report required under subsection (a) shall include, in detail--

      (1) the justification for the establishment of an Army Contracting Agency;

      (2) the impact of the creation of an Army Contracting Agency on--

        (A) Army compliance with--

          (i) Department of Defense Directive 4205.1;

          (ii) section 15(g) of the Small Business Act (15 U.S.C. 644(g)); and

          (iii) section 15(k) of the Small Business Act (15 U.S.C. 644(k)); and

        (B) small business participation in Army procurement of products and services for affected Army installations, including--

          (i) the impact on small businesses located near Army installations, including--

            (I) the increase or decrease in the total value of Army prime contracting with local small businesses; and

            (II) the opportunities for small business owners to meet and interact with Army procurement personnel; and

          (ii) any change or projected change in the use of consolidated contracts and bundled contracts; and

      (3) a description of the Army's plan to address any negative impact on small business participation in Army procurement, to the extent such impact is identified in the report.

    (c) TIME FOR SUBMISSION- The report under this section shall be submitted 15 months after the date of the establishment of the Army Contracting Agency.

Conference Report 107-772

The Senate amendment contained a provision (sec. 830) that would require the Secretary of the Army to report to Congress on the effects of the establishment of an Army Contracting Agency on small business participation in Army procurements. (See Senate Amendment below)

The House bill contained no similar provision. 

The House recedes. 

The conferees note that the Army expects to eliminate approximately 200 unneeded positions as a result of this reorganization. The conferees direct the Secretary to review the Army's requirements for acquisition personnel--including shortcomings identified in Department of Defense Inspector General reports D 2000 088 (February 29, 2000) and D 2000 100 (March 10, 2000)--and to determine whether some of the resources saved as a result of the reorganization should be reinvested to shape a more productive acquisition workforce for the future. The results of the Secretary's review should be forwarded to the congressional defense committees with the report required by this section.

Senate Amendment

SEC. 830. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.

    (a) IN GENERAL- The Secretary of the Army shall submit a report on the effects of the establishment of an Army Contracting Agency on small business participation in Army procurements during the first year of operation of such an agency to--

      (1) the Committee on Armed Services of the House of Representatives;

      (2) the Committee on Armed Services of the Senate;

      (3) the Committee on Small Business of the House of Representatives; and

      (4) the Committee on Small Business and Entrepreneurship of the Senate.

    (b) CONTENT- The report required under subsection (a) shall include, in detail--

      (1) the justification for the establishment of an Army Contracting Agency;

      (2) the impact of the creation of an Army Contracting Agency on--

        (A) Army compliance with--

          (i) Department of Defense Directive 4205.1;

          (ii) section 15(g) of the Small Business Act (15 U.S.C. 644(g)); and

          (iii) section 15(k) of the Small Business Act (15 U.S.C. 644(k));

        (B) small business participation in Army procurement of products and services for affected Army installations, including--

          (i) the impact on small businesses located near Army installations, including--

            (I) the increase or decrease in the total value of Army prime contracting with local small businesses; and

            (II) the opportunities for small business owners to meet and interact with Army procurement personnel; and

          (ii) any change or projected change in the use of consolidated contracts and bundled contracts; and

      (3) a description of the Army's plan to address any negative impact on small business participation in Army procurement, to the extent such impact is identified in the report.

    (c) TIME FOR SUBMISSION- The report under this section shall be due 15 months after the date of the establishment of the Army Contracting Agency.

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