National Defense Authorization Act for Fiscal Year 2024 

Bills and Reports Providing Background to P. L. 118 - 31

House Conference Report to Accompany the National Defense Authorization Act for Fiscal Year 2024

House Report 118-125 to accompany H. R. 2670

S. Rept. 118-58 to accompany S. 2226 

Analysis of Contracting Related Sections

Using the NDAA 2024 Pages

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management.

Sec. 801:  Commercial nature determination memo available to contractor.

Sec. 802:  Modification of truthful cost or pricing data submissions and report

Sec. 803:  Prohibition on the transfer of certain data on employees of the Department of Defense to third parties

Sec. 804:  Prohibition on contracting with persons that have fossil fuel operations with the Government of the Russian Federation or the Russian energy sector.

Sec. 805:  Prohibition of the Department of Defense procurement related to entities identified as Chinese military companies operating in the United States.

Sec. 806:  Principal Technology Transition Advisor.

Sec. 807:  Senior contracting official for Strategic Capabilities Office.

Sec. 808:  Pilot program for the use of innovative intellectual property strategies.

Sec. 809:  Pilot program for anything-as-a-service

Sec. 810:  Updated guidance on planning for exportability features for future programs

Sec. 811:  Modernizing the Department of Defense requirements process

Sec. 812:  Preventing conflicts of interest for entities that provide certain consulting services to the Department of Defense

Sec. 813:  Focused commercial solutions openings opportunities

     Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations.

Sec. 820:  Amendments to multiyear procurement authority.

Sec. 821:  Modification of approval authority for certain follow-on production contracts or transactions.

Sec. 822--Clarification of other transaction authority for installation or facility prototyping

Sec. 823--Extension and revisions to never contract with the enemy

Sec. 824--Modification and extension of temporary authority to modify certain contracts and options based on the impacts of inflation

Sec. 825--Countering adversary logistics information technologies

Sec. 826--Modification of contracts and options to provide economic price adjustment

Sec. 827--Modifications to earned value management system requirements

     Subtitle C—Domestic Sourcing Requirements

Sec. 831--Emergency acquisition authority for purposes of replenishing United States stockpiles

Sec. 832--Requirement for full domestic production of flags of the United States acquired by the Department of Defense

Sec. 833--Amendment to requirement to buy certain metals from American sources

Sec. 834--Acquisition of sensitive material prohibition exception amendment

Sec. 835--Enhanced domestic content requirement for major defense acquisition programs

     Subtitle D—Provisions Relating to Programs for Accelerating Acquisition

Sec. 841--Pilot program to accelerate contracting and pricing processes

Sec. 842--Demonstration and prototyping program to advance international product support capabilities in a contested logistics environment

Sec. 843--Special authority for rapid contracting for commanders of combatant commands.

     Subtitle E—Industrial Base Matters

Sec. 851--Additional national security objectives for the national technology and industrial base.

Sec. 852--Department of Defense Mentor-Protege Program.

Sec. 853--Modifications to the Procurement Technical Assistance Program.

Sec. 854--Modification of effective date for expansion on the prohibition on acquiring certain metal products.

Sec. 855--Extension of pilot program for distribution support and services for weapons systems contractors.

Sec. 856--Pilot program to analyze and monitor certain supply chains.

Sec. 857--Department of Defense notification of certain transactions.

     Subtitle F—Small Business Matters

Sec. 860--Amendments to defense research and development rapid innovation program.

Sec. 861--Annual reports regarding the SBIR program of the Department of Defense.

Sec. 862--Payment of subcontractors.

Sec. 863--Increase in Government-wide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans.

Sec. 864--Eliminating self-certification for service- disabled veteran-owned small businesses.

Sec. 865--Consideration of the past performance of affiliate companies of small businesses.

     Subtitle G—Other Matters

Sec. 871--Extension of mission management pilot program.

Sec. 872--Extension of pilot program to incentivize contracting with employee-owned businesses.

Sec. 873--Program and processes relating to foreign acquisition.

Sec. 874--Pilot program to incentivize progress payments.

Sec. 875--Study on reducing barriers to acquisition of commercial products and services.

Legislative Provisions Not Adopted