National Defense Authorization Act for Fiscal Year 2013

(P. L. 112-239)

(H. R. 4310)

Analysis of Contracting Related Sections

 House Conference Report No. 112-705

Senate Armed Services Committee Report No. 112-173

House Armed Service Committee Report No. 112-479 

Using the NDAA 2013 Pages

Subtitle A — Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of Defense through the Work for Others program of the Department of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for procurements on behalf of the Department of Defense by certain nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain risk.
Sec. 807. Sense of Congress on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative.
Subtitle BProvisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for the development or production of major defense acquisition programs.
Sec. 813. Technical change regarding programs experiencing critical cost growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process.
Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Modification of time period for congressional notification of the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management and product support requirements.
Sec. 824. Codification of requirement relating to Government performance of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform components supplied to Afghan military or Afghan National Police.
Sec. 827. Enhancement of whistleblower protections for contractor employees.
Sec. 828. Pilot program for enhancement of contractor employee whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of price.
Sec. 832. Department of Defense access to, use of, and safeguards and protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts.
Subtitle D — Provisions Relating to Contracts in Support of Contingency Operations
Sec. 841. Extension and expansion of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational contract support.
Sec. 844. Data collection on contract support for future overseas contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain requirements for Department of Defense planning, joint professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor performance.
Sec. 847. Extension and modification of reports on contracting in Iraq and Afghanistan.
Sec. 849. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the United States Agency for International Development for contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal contracts.
Sec. 852. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.
Sec. 853. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions.

Subtitle E—Other Matters

Sec. 861. Requirements and limitations for suspension and debarment officials of the Department of Defense, the Department of State, and the United States Agency for International Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests in annual protest report by Comptroller General to Congress.
Subtitle B--Department of Defense Activities Related to Small Business Matters
Sec. 1611. Role of the directors of small business programs in acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting performance of the Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commercialization Readiness Program of Department of Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business Concerns
Sec. 1631. Goals for procurement contracts awarded to small business concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small business concerns.
Sec. 1633. Senior executives.

Part III--Mentor-Protege Programs

Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.

Part V--Small Business Concern Size Standards

Sec. 1661. Small business concern size standards.

Part VI--Contract Bundling

Sec. 1671. Contract bundling.

Part VII--Increased Penalties for Fraud

Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small Business Administration.

Part VIII--Offices of Small and Disadvantaged Business Units

Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.

Part IX--Other Matters

Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include attempted fraud and work outside the United States.
Sec. 1707. Improving Department of Defense accountability for reporting trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3117. Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees.
Sec. 3121. Cost-benefit analyses for competition of management and operating contracts.


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