National Defense Authorization Act for Fiscal Year 2012

(P. L. 112-81)

(H. R. 1540)

Analysis of Contracting Related Sections

 House Conference Report 112-329

Senate Armed Services Committee Report No. 112-26 for S. 1253

House Armed Service Committee Report No. 112-78 and H. Rpt. No. 112-88 for H. R. 1540

Using the NDAA 2012 Pages

Subtitle B—Energy and Environmental Provisions
Sec. 315. Energy-efficient technologies in contracts for logistics support of contingency operations.
Subtitle A — Acquisition Policy and Management
Sec. 801. Requirements relating to core depot-level maintenance and repair capabilities for Milestone A and Milestone B and elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support contractors.
Sec. 803. Extension of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for contract services.
Sec. 809. Annual report on single-award task and delivery order contracts.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Calculation of time period relating to report on critical changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and adjustment of threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor business systems.
Sec. 817. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.
Subtitle CProvisions Relating to Major Defense Acquisition Programs
Sec. 831. Waiver of requirements relating to new milestone approval for certain major defense acquisition programs experiencing critical cost growth due to change in quantity purchased.
Sec. 832. Assessment, management, and control of operating and support costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of major weapon systems.

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.
Subtitle E—Defense Industrial Base Matters
Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial base.
Sec. 853. Assessment of feasability and advisability of establishment of rare earth material inventory.
Sec. 855. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
Subtitle F—Other Matters
Sec. 861. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering, and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the Department of Defense for multiyear contracts for the purchase of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 866. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege Program.
Subtitle D—Total Force Management
Sec. 936. Amendments to requirement for inventory of contracts for services.
Sec. 937. Preliminary planning and duration of public-private competitions
Sec. 938. Conversion of certain functions from contractor performance to performance
by Department of Defense civilian employees.
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Prohibition on use of any cost-plus system of contracting for military construction and military family housing projects.
Sec. 2802. Modification of authority to carry out unspecified minor military construction projects.
Sec. 2803. Protections for suppliers of labor and materials under contracts for military construction projects and military family housing projects.
Subtitle C--Energy Security
Sec. 2824. Use of centralized purchasing agents for renewable energy certificates to reduce cost of facility energy projects using renewable energy sources and improve efficiencies.


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