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SEC. 854. JOINT
POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY PROGRAM
MANAGEMENT, AND CONTINGENCY CONTRACTING.
(a) In General-
(1) JOINT POLICY
REQUIREMENT- Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 2333.
Joint policies on requirements definition, contingency program
management, and contingency contracting
`(a) Joint Policy
Requirement- The Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, shall develop joint
policies for requirements definition, contingency program
management, and contingency contracting during combat
operations and post-conflict operations.
`(b) Requirements
Definition Matters Covered- The joint policy for requirements
definition required by subsection (a) shall, at a minimum,
provide for the following:
`(1) The
assignment of a senior commissioned officer or civilian
member of the senior executive service, with appropriate
experience and qualifications related to the definition of
requirements to be satisfied through acquisition contracts
(such as for delivery of products or services, performance
of work, or accomplishment of a project), to act as head of
requirements definition and coordination during combat
operations, post-conflict operations, and contingency
operations, if required, including leading a requirements
review board involving all organizations concerned.
`(2) An
organizational approach to requirements definition and
coordination during combat operations, post-conflict
operations, and contingency operations that is designed to
ensure that requirements are defined in a way that
effectively implements United States Government and
Department of Defense objectives, policies, and decisions
regarding the allocation of resources, coordination of
interagency efforts in the theater of operations, and
alignment of requirements with the proper use of funds.
`(c) Contingency
Program Management Matters Covered- The joint policy for
contingency program management required by subsection (a)
shall, at a minimum, provide for the following:
`(1) The
assignment of a senior commissioned officer or civilian
member of the senior executive service, with appropriate
program management experience and qualifications, to act as
head of program management during combat operations,
post-conflict operations, and contingency operations,
including stabilization and reconstruction operations
involving multiple United States Government agencies and
international organizations, if required.
`(2) A
preplanned organizational approach to program management
during combat operations, post-conflict operations, and
contingency operations that is designed to ensure that the
Department of Defense is prepared to conduct such program
management.
`(3)
Identification of a deployable cadre of experts, with the
appropriate tools and authority, and trained in processes
under paragraph (6).
`(4)
Utilization of the hiring and appointment authorities
necessary for the rapid deployment of personnel to ensure
the availability of key personnel for sufficient lengths of
time to provide for continuing program and project
management.
`(5) A
requirement to provide training (including training under a
program to be created by the Defense Acquisition University)
to program management personnel in--
`(A) the use
of laws, regulations, policies, and directives related to
program management in combat or contingency environments;
`(B) the
integration of cost, schedule, and performance objectives
into practical acquisition strategies aligned with
available resources and subject to effective oversight;
and
`(C)
procedures of the Department of Defense related to funding
mechanisms and contingency contract management.
`(6)
Appropriate steps to ensure that training is maintained for
such personnel even when they are not deployed in a
contingency operation.
`(7) Such steps
as may be needed to ensure jointness and cross-service
coordination in the area of program management during
contingency operations.
`(d) Contingency
Contracting Matters Covered-
`(1) The joint
policy for contingency contracting required by subsection
(a) shall, at a minimum, provide for the following:
`(A) The
designation of a senior commissioned officer or civilian
member of the senior executive service in each military
department with the responsibility for administering the
policy.
`(B) The
assignment of a senior commissioned officer with
appropriate acquisition experience and qualifications to
act as head of contingency contracting during combat
operations, post-conflict operations, and contingency
operations, who shall report directly to the commander of
the combatant command in whose area of responsibility the
operations occur.
`(C) A
sourcing approach to contingency contracting that is
designed to ensure that each military department is
prepared to conduct contingency contracting during combat
operations, post-conflict operations, and contingency
operations, including stabilization and reconstruction
operations involving interagency organizations, if
required.
`(D) A
requirement to provide training (including training under
a program to be created by the Defense Acquisition
University) to contingency contracting personnel in--
`(i) the
use of law, regulations, policies, and directives
related to contingency contracting operations;
`(ii) the
appropriate use of rapid acquisition methods, including
the use of exceptions to competition requirements under
section 2304 of this title, sealed bidding, letter
contracts, indefinite delivery indefinite quantity task
orders, set asides under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)), undefinitized contract
actions, and other tools available to expedite the
delivery of goods and services during combat operations
or post-conflict operations;
`(E)
Appropriate steps to ensure that training is maintained
for such personnel even when they are not deployed in a
contingency operation.
`(F) Such
steps as may be needed to ensure jointness and
cross-service coordination in the area of contingency
contracting.
`(2) To the
extent practicable, the joint policy for contingency
contracting required by subsection (a) should be taken into
account in the development of interagency plans for
stabilization and reconstruction operations, consistent with
the report submitted by the President under section 1035 of
this Act on interagency operating procedures for the
planning and conduct of stabilization and reconstruction
operations.
`(e) Definitions-
In this section:
`(1) CONTINGENCY
CONTRACTING PERSONNEL- The term `contingency contracting
personnel' means members of the armed forces and civilian
employees of the Department of Defense who are members of the
defense acquisition workforce and, as part of their duties,
are assigned to provide support to contingency operations
(whether deployed or not).
`(2) CONTINGENCY
CONTRACTING- The term `contingency contracting' means all
stages of the process of acquiring property or services by the
Department of Defense during a contingency operation.
`(3) CONTINGENCY
OPERATION- The term `contingency operation' has the meaning
provided in section 101(13) of this title.
`(4) ACQUISITION
SUPPORT AGENCIES- The term `acquisition support agencies'
means Defense Agencies and Department of Defense Field
Activities that carry out and provide support for
acquisition-related activities.
`(5) CONTINGENCY
PROGRAM MANAGEMENT- The term `contingency program management'
means the process of planning, organizing, staffing,
controlling, and leading the combined efforts of participating
civilian and military personnel and organizations for the
management of a specific defense acquisition program or
programs during combat operations, post-conflict operations,
and contingency operations.
`(6) REQUIREMENTS
DEFINITION- The term `requirements definition' means the
process of translating policy objectives and mission needs
into specific requirements, the description of which will be
the basis for awarding acquisition contracts for projects to
be accomplished, work to be performed, or products to be
delivered.'.
(2) CLERICAL
AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new
item:
`2333. Joint
policies on requirements definition, contingency contracting,
and program management.'.
(b) Deadline for
Development of Joint Policies- The Secretary of Defense shall
develop the joint policies required under section 2333 of title
10, United States Code, as added by subsection (a), not later
than 18 months after the date of enactment of this Act.
(c) Reports-
(1) INTERIM
REPORT-
(A)
REQUIREMENT- Not later than 365 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives an interim report on requirements
definition, contingency contracting, and program management.
(B) MATTERS
COVERED- The report shall include discussions of the
following:
(i) Progress
in the development of the joint policies under section
2333 of title 10, United States Code.
(ii) The
ability of the Armed Forces to support requirements
definition, contingency contracting, and program
management.
(iii) The
ability of commanders of combatant commands to request
requirements definition, contingency contracting, or
program management support, and the ability of the
military departments and the acquisition support agencies
to respond to such requests and provide such support,
including the availability of rapid acquisition personnel
for such support.
(iv) The
ability of the current civilian and military acquisition
workforce to deploy to combat theaters of operations and
to conduct requirements definition, contingency
contracting, or program management activities during
combat and during post-conflict, reconstruction, or other
contingency operations.
(v) The
effect of different periods of deployment on continuity in
the acquisition process.
(2) FINAL REPORT-
Not later than 18 months after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
committees referred to in paragraph (1)(A) a final report on
requirements definition, contingency contracting, and program
management, containing a discussion of the implementation of
the joint policies developed under section 2333 of title 10,
United States Code (as so added), including updated
discussions of the matters covered in the interim report. In
addition, the report should include a discussion of the
actions taken to ensure that the joint policies will be
adequately resourced at the time of execution.
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Joint policies on requirements definition, contingency
program management, and contingency contracting (sec. 854)
The Senate amendment contained
a provision (sec. 864) that would require the Department of
Defense to develop a plan for contingency program management
during combat operations and post-conflict operations.
The House bill contained no
similar provision.
The House recedes with an
amendment that would incorporate the requirements for contingency
program management under this section into a single provision
with requirements for contingency contracting under
section 817
of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163). This section would also require the
development of a joint policy to facilitate effective generation
and definition of requirements and determination of appropriate
corresponding organizational structures. |
