Pub. L. 119-60, div. A, tit. VIII, subtit. B, sec. 812 (as amended)
MODIFICATIONS TO CURRENT DEFENSE ACQUISITION REQUIREMENTS.
SEC. 812. MODIFICATIONS TO CURRENT DEFENSE ACQUISITION REQUIREMENTS.
(a) Modifications to Title 10.—Title 10, United States Code, is amended—
(1) in section 1749(f)(1), by striking “on a reimbursable basis”;
(2) in section 2222(i)(1)(A)—
(A) in clause (vi), by adding “or real estate system” after “An installations management system”; and
(B) by adding at the end the following new clauses:
“(ix) A budget system.
“(x) A retail system.
“(xi) A health care system.
“(xii) A travel and expense system.
“(xiii) A payroll system.
“(xiv) A supply chain management system.
“(xv) A Departmentwide resource planning system.
“(xvi) A contractor management system.”
;
(3) in section 3012(3)(B), by striking “lowest overall cost alternative” and inserting “best value”;
(4) in section 3069—
(A) in subsection (a)—
(i) by striking “the head of an agency” and all that follows through “findings:” and inserting “a contracting officer making the acquisition may acquire a higher quantity of the end item than the quantity specified for the end item in a law providing for the funding of that acquisition if that contracting officer determines in writing that:”;
(ii) by striking paragraph (4);
(B) in subsection (b), by striking “The regulations shall” and all that follows through “3205 of this title.”;
(C) by striking subsection (c) and redesignating subsection (d) and (e) as subsections (c) and (d), respectively; and
(D) in subsection (d), as so redesignated, by amending paragraph (2) to read as follows:
“(2) In this section, the term ‘end item’ means a production product assembled, completed, and ready for issue or deployment.”
;
(5) in section 3226(d), by amending paragraph (2) to read as follows:
“(2) Funds described in paragraph (1) may be used—
“(A) to cover any increased program costs identified by a revised cost analysis or target developed pursuant to subsection (b);
“(B) to acquire additional end items in accordance with section 3069 of this title; or
“(C) to cover the cost of risk reduction and process improvements.”
;
(6) in section 3243(d)—
(A) in paragraph (1)(B), by striking “subject to paragraph (2),”;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(7) in section 3703(a)(1)(A), by striking “competition that results in at least two or more responsive and viable competing bids” and inserting “price competition”;
(8) in section 3705(b), by inserting the following new paragraph:
“(3) Alternative Sources Required.—If the head of contracting activity, or the designee of the head of contracting activity, determines it is in the best interest of the Government to make the award under subsection (b)(1), the head of the agency shall conduct an assessment of alternative offerors as a source of supply using authorities provided by sections 865 and 882 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159).”
; and
(9) in section 4201(b), by adding at the end the following new paragraph:
“(3) An acquisition program for software and covered hardware as described by section 3603 of this title.”
.
(b) Use of Capability-based Analysis of Price of Goods or Services Offered by Nontraditional Defense Contractors.—Section 864(d) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159) is amended—
(1) in the subsection heading, by striking “Capacity-Based” and inserting “Capability-Based”; and
(2) in paragraph (4), by striking “increased capacity” and inserting “increased capability”.
(c) Codification of Program to Accelerate Contracting and Pricing Processes.—
(1) In general.—Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 3701) is transferred to chapter 271 of title 10, United States Code, inserted after section 3708, and redesignated as section 3709.
(2) Amendments.—Section 3709 of title 10, United States Code, as so transferred and redesignated, is amended—
(A) in the section heading, by striking “pilot”;
(B) by striking “pilot” each place it appears;
(C) in subsection (a)(2), by striking “chapter 271 of title 10, United States Code” and inserting “this chapter”;
(D) in subsection (b)—
(i) in the matter preceding paragraph (1), by striking “section 1737 of title 10, United States Code” and inserting “section 1737 of this title”; and
(ii) in paragraph (2), by striking “minimal reporting” and inserting “no unique reporting”; and
(E) by striking subsections (c) and (d).
- Public laws referenced
- 118-159115-232