National Defense Authorization Act for Fiscal Year 2018


Bills and Reports Providing Background to P. L. 115-91

House Conference Report. 115-404

 S. Rpt. 115-125 - - to accompany S.  1519

 H. Rept. 115 -200 - - to accompany H. R. 2810

Analysis of Contracting Related Sections

Using the NDAA 2018 Pages


Subtitle B—Program Requirements, Restrictions, And Limitations

Section 221:  Expansion of Definition of Competitive Procedures to Include Selection for Award of Science and Technology Proposals.
Subtitle A — Acquisition Policy and Management
Section 801:  Statements of purpose for Department of Defense acquisition.
Section 802:  Management of intellectual property matters within the Department of Defense.
Section 803:  Performance of incurred cost audits.
Section 804:  Repeal of certain auditing requirements.
Section 805:  Increased simplified acquisition threshold.
Section 806:  Requirements related to the micro-purchase threshold
Section 807:  Process for enhanced supply chain scrutiny.
Section 808:  Defense policy advisory committee on technology.
Section 809:  Report on extension of development, acquisition, and sustainment authorities of the military departments to the United States Special Operations Command.
Section 810:  Technical and conforming amendments related to program management provisions.
Subtitle B — Amendments to General Contracting Authorities, Procedures, and Limitations
Section 811:  Modifications to cost or pricing data and reporting requirements.
Section 812:  Applicability of cost and pricing data certification requirements.
Section 813:  Sunset of certain provisions relating to the procurement of goods other than United States goods.
Section 814:  Comptroller General report on health and safety records.
Section 815:  Limitation on unilateral definitization.
Section 816:  Amendment to sustainment reviews.
Section 817:  Use of program income by eligible entities that carry out procurement technical assistance programs.
Section 818:  Enhanced post-award debriefing rights.
Section 819:  Amendments relating to information technology.
Section 820:  Change to definition of subcontract in certain circumstances.
Section 821:  Amendment relating to applicability of inflation adjustments.
Section 822:  Use of lowest price technically acceptable source selection process.
Section 823:  Exemption from design-build selection procedures.
Section 824:  Contract closeout authority.
Section 825:  Elimination of cost underruns as factor in calculation of penalties for cost overruns.
Section 826:  Modification to annual meeting requirement of Configuration Steering Boards.
Section 827:  Pilot program on payment of costs for denied Government Accountability Office bid protests.
Subtitle C — Provisions Relating to Major Defense Acquisition Programs
Section 831:  Revisions to definition of major defense acquisition program.
Section 832:  Prohibition on use of lowest price technically acceptable source selection process for major defense acquisition programs.
Section 833:  Role of the Chief of the armed force in material development decision and acquisition system milestones.
Section 834:  Requirement to emphasize reliability and maintainability in weapon system design.
Section 835:  Licensing of appropriate intellectual property to support major weapon systems.
Section 836:  Codification of requirements pertaining to assessment, management, and control of operating and support costs for major weapon systems.
Section 837:  Should-cost management.
Section 838:  Improvements to test and evaluation processes and tools.
Section 839:  Enhancements to transparency in test and evaluation processes and data.
Subtitle D—Provisions Relating to Acquisition Workforce
Section 841:  Enhancements to the civilian program management workforce.
Section 842:  Credits to Department of Defense Acquisition Workforce Development Fund.
Section 843:  Improvements to the hiring and training of the acquisition workforce.
Section 844:  Extension and modifications to acquisition demonstration project.
Subtitle E — Provisions Relating to Commercial Items
Section 846:  Procurement through commercial e-commerce portals.
Section 847:  Revision to definition of commercial item.
Section 848:  Commercial item determinations.
Section 849:  Review of regulations on commercial items.
Section 850:  Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Section 851:  Improvement of planning for acquisition of services.
Section 852:  Standard guidelines for evaluation of requirements for services contracts.
Section 853:  Report on outcome-based services contracts.
Section 854:  Pilot program for longer term multiyear service contracts.
Subtitle G - Provisions Relating to Other Transaction Authority and Prototyping
Section 861:  Contract authority for advanced development of initial or additional prototype units.
Section 862:  Methods for entering into research agreements.
Section 863:  Education and training for transactions other than contracts and grants.
Section 864:  Other transaction authority for certain prototype projects.
Section 865:  Amendment to nontraditional and small contractor innovation prototyping program.
Section 866:  Middle tier of acquisition for rapid prototype and rapid fielding.
Section 867:  Preference for use of other transactions and experimental authority.
Section 868:  Prototype projects to digitize defense acquisition regulations, policies, and guidance, and empower user tailoring of acquisition process.
Subtitle H - Provisions Relating to Software Acquisition
Section 871:  Noncommercial computer software acquisition considerations.
Section 872:  Defense Innovation Board analysis of software acquisition regulations.
Section 873:  Pilot program to use agile or iterative development methods to tailor major software-intensive warfighting systems and defense business systems.
Section 874:  Software development pilot program using agile best practices.
Section 875:  Pilot program for open source software.
Subtitle I - Other Matters
Section 881:  Extension of maximum duration of fuel storage contracts.
Section 882:  Procurement of aviation critical safety items.
Section 883:  Modifications to the advisory panel on streamlining and codifying acquisition regulations.
Section 884:  Repeal of expired pilot program for leasing commercial utility cargo vehicles.
Section 885:  Exception for business operations from requirement to accept $1 coins.
Section 886:  Development of Procurement Administrative Lead Time.
Section 887:  National milestones and standard timelines for contracts for foreign military sales.
Section 888:  Assessment and authority to terminate or prohibit contracts for procurement from Chinese companies providing support to the Democratic People's Republic of Korea.
Section 889:  Report on defense contracting fraud.
Section 890:  Comptroller General report on contractor business system requirements.
Section 891:  Training on agile or iterative development methods.
Section 1634: Prohibition on use of products and services developed or provided by Kaspersky Lab.
Legislative Provisions Not Adopted
Repeal of temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by contractors.
Ensuring transparency in acquisition programs.
Waiver authority for purposes of expanding competition.
Treatment of independent research and development costs on certain contracts.
Nontraditional contractor definition.
Repeal of domestic source restriction related to wearable electronics.
Identification of commercial services.
Acquisition positions in the Offices of the Secretaries of the Military Departments.
Restriction on use of reverse auctions and lowest price technically acceptable contracting methods for safety equipment.
Department of Defense promotion of contractor compliance with existing law.
Major defense acquisition programs: display of budget information.
Modification to definition of commercial items.
Preference for acquisition of commercial items.
Exemption of certain contracts from inflation adjustments.
Procurement exception relating to agreements with foreign governments.
Enhancing program licensing.
Temporary limitation on aggregate annual amount available for contract services.
Sense of Congress regarding steel produced in the United States.
Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research.
Rights in technical data related to medical research.
Oversight, audit, and certification from the Defense Contract Audit Agency for procurement activities related to medical research.
Pilot program for adoption of acquisition strategy for Defense Base Act insurance.
Annual report on limitation of subcontractor intellectual property rights.
Comptroller General of the United States report on Department of Defense critical telecommunications equipment or services obtained from suppliers closely linked to a leading cyber-threat actor.
Sense of Congress on the small turbine engine industrial base.
Modification to the HUBZone program.
Buy American Act training for Defense acquisition workforce.
Sec. 1701:  Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702:  Uniformity in procurement terminology.
Sec. 1703:  Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include consideration of past performance with allies of the United States.
Sec. 1707. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement websites of the Department of Defense.
Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control, or influence requirements of National Industrial Security Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal contracts.
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.


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