William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021


Bills and Reports Providing Background to P. L. 116 -

House Conference Report 116-617 - - to accompany P. L. 116-

 S. Rept. 116-236 - - to accompany S. 4409

 H. Rept. 116-442 - - to accompany H. R. 6395

Analysis of Contracting Related Sections

Using the NDAA 2020 Pages

     Subtitle A—Acquisition Policy and Management.
Sec. 801:  Report on acquisition risk assessment and mitigation as part of Adaptive Acquisition Framework implementation.
Sec. 802:  Improving planning, execution, and oversight of life cycle sustainment activities.
Sec. 803:  Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.
Sec. 804:  Implementation of modular open systems approaches.
Sec. 805:  Congressional notification of termination of a middle tier acquisition program.
Sec. 806:  Definition of material weakness for contractor business systems.
Sec. 807:  Space system acquisition and the adaptive acquisition framework.
Sec. 808:  Acquisition authority of the Director of the Joint Artificial Intelligence Center.
Sec. 809:  Assessments of the process for developing capability requirements for Department of Defense acquisition programs.
     Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations.
Sec. 811:  Sustainment reform for the Department of Defense.
Sec. 812:  Inclusion of software in Government performance of acquisition functions.
Sec. 813:  Modifications to Comptroller General assessment of acquisition programs and related initiatives.
Sec. 814:  Cost or pricing data reporting requirements for Department of Defense contracts.
Sec. 815:  Prompt payment of contractors.
Sec. 816:  Documentation pertaining to commercial item determinations.
Sec. 817:  Modification to small purchase threshold exception to sourcing requirements for certain articles.
Sec. 818:  Repeal of program for qualified apprentices for military construction contracts.
Sec. 819:  Modifications to mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors and subcontractors.
Sec. 820:  Contract closeout authority for services contracts.
Sec. 821:  Revision of proof required when using an evaluation factor for employing or subcontracting with members of the Selected Reserve.
     Subtitle C—Provisions Relating to Software and Technology
Sec. 831:  Contract authority for development and demonstration of initial or additional prototype units.
Sec. 832:  Extension of pilot program for streamlined awards for innovative technology programs.
Sec. 833:  Listing of other transaction authority consortia.
Sec. 834:  Pilot program on the use of consumption-based solutions to address software-intensive warfighting capability.
Sec. 835:  Balancing security and innovation in software development and acquisition.
Sec. 836:  Digital modernization of analytical and decision-support processes for managing and overseeing Department of Defense acquisition programs.
Sec. 837:  Safeguarding defense-sensitive United States intellectual property, technology, and other data and information.
Sec. 838:  Comptroller General report on implementation of software acquisition reforms.
Sec. 839:  Comptroller General report on intellectual property acquisition and licensing.
     Subtitle D—Industrial Base Matters.
Sec. 841:  Additional requirements pertaining to printed circuit boards.
Sec. 842:  Report on nonavailability determinations and quarterly national technology and industrial base briefings.
Sec. 843:  Modification of framework for modernizing acquisition processes to ensure integrity of industrial base and inclusion of optical transmission components.
Sec. 844:  Expansion on the prohibition on acquiring certain metal products.
Sec. 845:  Miscellaneous limitations on the procurement of goods other than United States goods.
Sec. 846:  Improving implementation of policy pertaining to the national technology and industrial base.
Sec. 847:  Report and limitation on the availability of funds relating to eliminating the gaps and vulnerabilities in the national technology and industrial base.
Sec. 848:  Supply of strategic and critical materials for the Department of Defense.
Sec. 849:  Analyses of certain activities for action to address sourcing and industrial capacity.
Sec. 850:  Implementation of recommendations for assessing and strengthening the manufacturing and defense industrial base and supply chain resiliency.
Sec. 851:  Report on strategic and critical materials.
Sec. 852:  Report on aluminum refining, processing, and manufacturing.
     Subtitle E—Small Business Matters
Sec. 861:  Initiatives to support small businesses in the national technology and industrial base.
Sec. 862:  Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration.
Sec. 863:  Employment size standard requirements for small business concerns.
Sec. 864:  Maximum award price for sole source manufacturing contracts.
Sec. 865:  Reporting requirement on expenditure amounts for the Small Business Innovation Research Program and the Small Business Technology Transfer Program.
Sec. 866:  Small businesses in territories of the United States.
Sec. 867:  Eligibility of the Commonwealth of the Northern Mariana Islands for certain Small Business Administration programs.
Sec. 868:  Past performance ratings of certain small business concerns.
Sec. 869:  Extension of participation in 8(a) program.
Sec. 870:  Compliance of Offices of Small Business and Disadvantaged Business Utilization.
Sec. 871:  Category management training.
     Subtitle F—Other Matters
Sec. 881:  Review of and report on overdue acquisition and cross-servicing agreement transactions.
Sec. 882:  Domestic comparative testing activities.
Sec. 883:  Prohibition on awarding of contracts to contractors that require nondisclosure agreements relating to waste, fraud, or
Sec. 884:  Program management improvement officers and program management policy council.
Sec. 885:  Disclosure of beneficial owners in database for Federal agency contract and grant officers.
Sec. 886:  Repeal of pilot program on payment of costs for denied Government Accountability Office bid protests.
Sec. 887:  Amendments to submissions to Congress relating to certain foreign military sales.
Sec. 888:  Revision to requirement to use firm fixed-price contracts for foreign military sales.
Sec. 889:  Assessment and enhancement of national security innovation base.
Sec. 890:  Identification of certain contracts relating to construction or maintenance of a border wall.
Sec. 891:  Waivers of certain conditions for progress payments under certain contracts during the COVID-19 national emergency.
     Title XVIII--Transfer and Reorganization of Defense Acquisition Statutes
Secs. 1801-1885:  Transfer and reorganization of defense acquisition statutes.
Legislative Provisions Not Adopted


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