National Defense Authorization Act for Fiscal Year 2017


Bills and Reports Providing Background to P. L. 114-328

House Conference Report. 114-840

S. Rept. 114-255 - to accompany S. 2943

 H. Rept. 114-537 - to accompany H. R. 4909.

Analysis of Contracting Related Sections

Using the NDAA 2016 Pages

Subtitle A — Acquisition Policy and Management
Sec. 801: Rapid acquisition authority amendments.
Sec. 802. Authority for temporary service of Principal Military Deputies to the Assistant Secretaries of the military departments for acquisition as Acting Assistant Secretaries.
Sec. 803. Modernization of services acquisition.
Sec. 804. Defense Modernization Account amendments.
Subtitle B — Department of Defense Acquisition Agility
Sec. 805. Modular open system approach in development of major weapon systems
Sec. 806. Development, prototyping, and deployment of weapon system components or technology.
Sec. 807. Cost, schedule, and performance of major defense acquisition programs.
Sec. 808. Transparency in major defense acquisition programs.
Sec. 809. Amendments relating to technical data rights.
Subtitle C — Amendments To General Contracting Authorities, Procedures, And Limitations
Sec. 811. Modified restrictions on undefinitized contractual actions.
Sec. 812. Amendments relating to inventory and tracking of purchases of services
Sec. 813. Use of lowest price technically acceptable source selection process.
Sec. 814. Procurement of personal protective equipment.
Sec. 815. Amendments related to detection and avoidance of counterfeit electronic parts.
Sec. 816. Amendments to special emergency procurement authority.
Sec. 817. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.
Sec. 818. Extension of authority for enhanced transfer of technology developed at Department of Defense laboratories.
Sec. 819. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities.
Sec. 820. Defense cost accounting standards.
Sec. 821. Increased micro-purchase threshold applicable to Department of Defense procurements.
Sec. 822. Enhanced competition requirements.
Sec. 823.  Revision to effective date of senior executive benchmark compensation for allowable cost limitations.
Sec. 824. Treatment of independent research and development costs on certain contracts.
Sec. 825. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain multipleaward task or delivery order contracts.
Sec. 826. Extension of program for comprehensive small business contracting plans.
Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements as use of competitive procedures.
Sec. 828. Defense Acquisition Challenge Program amendments.
Sec. 829. Preference for fixed-price contracts.
Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales.
Sec. 831. Preference for performance-based contract payments.
Sec. 832. Contractor incentives to achieve savings and improve mission performance.
Sec. 833. Sunset and repeal of certain contracting provisions.
Sec. 834. Flexibility in contracting award program.
Sec. 835. Protection of task order competition.
Sec. 836. Contract closeout authority.
Sec. 837. Closeout of old Department of the Navy contracts.
Subtitle D—Provisions Relating to Major Defense Acquisition Programs
Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports.
Sec. 842. Amendments relating to independent cost estimation and cost analysis.
Sec. 843. Revisions to Milestone B determinations.
Sec. 844. Review and report on sustainment planning in the acquisition process.
Sec. 845. Revision to distribution of annual report on operational test and evaluation
Sec. 846. Repeal of major automated information systems provisions.
Sec. 847. Revisions to definition of major defense acquisition program
Sec. 848. Acquisition strategy
Sec. 849. Improved life-cycle cost control.
Sec. 850. Authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for purposes of acquisition reporting.
Sec. 851. Reporting of small business participation on Department of Defense programs.
Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and munitions greater than quantity specified in law.
Sec. 853. Multiple program multiyear contract pilot demonstration program.
Sec. 854. Key performance parameter reduction pilot program.
Sec. 855. Mission integration management.
Subtitle E — Provisions Relating to Acquisition Workforce
Sec. 861. Project management.
Sec. 862. Authority to waive tenure requirement for program managers for program definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used; advisory panel amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund determination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the
military departments.
Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps.
Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration project.
Subtitle F--Provisions Relating to Commercial Items
Sec. 871. Market research for determination of price reasonableness in acquisition of commercial items.
Sec. 872. Value analysis for the determination of price reasonableness.
Sec. 873. Clarification of requirements relating to commercial item determinations.
Sec. 874.  Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of military specifications and standards.
Sec. 876. Preference for commercial services.
Sec. 877. Treatment of commingled items purchased by contractors as commercial items.
Sec. 878. Treatment of services provided by nontraditional contractors as commercial items.
Sec. 879. Defense pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures.
Sec. 880. Pilot programs for authority to acquire innovative commercial items using general solicitation competitive procedures.
Subtitle G - Industrial Base Matters
Sec. 881. Greater integration of the national technology and industrial base.
Sec. 882. Integration of civil and military roles in attaining national technology and industrial base objectives.
Sec. 883. Pilot program for distribution support and services for weapon systems contractors.
Sec. 884. Nontraditional and small contractor innovation prototyping program.
Subtitle H - Other Matters
Sec. 885. Report on bid protests.
Sec. 886. Review and report on indefinite delivery contracts
Sec. 887. Review and report on contractual flow-down provisions.
Sec. 888.  Requirement and review relating to use of brand names or brand name or equivalent descriptions in solicitations.
Sec. 889. Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to Congress.
Sec. 890. Study and report on contracts awarded to minority-owned and women-owned businesses.
Sec. 891. Authority to provide reimbursable auditing services to certain nonDefense Agencies.
Sec. 892. Selection of service providers for auditing services and audit readiness services.
Sec. 893. Amendments to contractor business system requirements.
Sec. 894. Improved management practices to reduce cost and improve performance of certain Department of Defense organizations.
Sec. 895. Exemption from requirement for capital planning and investment control for information technology equipment included as integral part of a weapon or weapon system. 
Sec. 896. Modifications to pilot program for streamlining awards for innovative technology projects.
Sec. 897. Rapid prototyping funds for the military departments.
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Contracting Oversight, Accountability, and Integrity; Defense Acquisition University training.
Sec. 899. Coast Guard major acquisition programs.
Sec. 899a. Enhanced authority to acquire products and services produced in Africa in support of certain activities.


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