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

Google

       Search WWW Search wifcon.com

Back to DHNDAA 2009 Contents

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

Subtitle G Governmentwide Acquisition Improvements

DHNDAA Section

Representative Waxman Summary

SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.

(a) In General- Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to address the use of cost-reimbursement contracts.

(b) Content- The regulations promulgated under subsection (a) shall include, at a minimum, guidance regarding--

(1) when and under what circumstances cost-reimbursement contracts are appropriate;

(2) the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and

(3) the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.

(c) Inspector General Review- Not later than one year after the regulations required by subsection (a) are promulgated, the Inspector General for each executive agency shall review the use of cost-reimbursement contracts by such agency for compliance with such regulations and shall include the results of the review in the Inspector General's next semiannual report.

(d) Report- Subject to subsection (f), the Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies. The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year. The report shall include--

(1) the total number and value of contracts awarded and orders issued during the covered fiscal year;

(2) the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; and

(3) an assessment of the effectiveness of the regulations promulgated pursuant to subsection (a) in ensuring the appropriate use of cost-reimbursement contracts.

(e) Congressional Committees Defined- The report required by subsection (d) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committees on Appropriations of the House of Representatives and the Senate; and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.

(f) Requirements Limited to Certain Agencies and Years-

(1) AGENCIES- The requirement in subsection (c) shall apply only to those executive agencies that awarded contracts or issued orders (under contracts previously awarded) in a total amount of at least $1,000,000,000 in the fiscal year proceeding the fiscal year in which the assessments and reports are submitted.

(2) YEARS- The report required by subsection (d) shall be submitted from March 1, 2009, until March 1, 2014.

(g) Executive Agency Defined- In this section, the term `executive agency' has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

Regulations on cost-plus contracts.  Section 864 requires regulations to address the use of cost-reimbursement-type contracts.

ABOUT  l CONTACT

Where in Federal Contracting?