< Back to S. 2139 (112th Congress, 2011–2013)

Text of the Comprehensive Contingency Contracting Reform Act of 2012

This bill was introduced on February 29, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 29, 2012 (Introduced).

Source: GPO

II

112th CONGRESS

2d Session

S. 2139

IN THE SENATE OF THE UNITED STATES

February 29, 2012

(for herself and Mr. Webb) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.

1.

Short title

This Act may be cited as the Comprehensive Contingency Contracting Reform Act of 2012.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—Organization and Management of Federal Government for Contracting for Overseas Contingency Operations

Subtitle A—Government-Wide Matters

Sec. 101. Responsibilities of the President regarding financing of overseas contingency operations.

Sec. 102. Responsibilities of the Director of the Office of Management and Budget regarding overseas contingency operations.

Sec. 103. Responsibilities of inspectors general for overseas contingency operations.

Sec. 104. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies.

Subtitle B—Multi-Agency Matters

Sec. 111. Inclusion of contracts for support of overseas contingency operations in management structure of Department of Defense, Department of State, and United States Agency for International Development for procurement of contract services.

Sec. 112. Requirements and limitations for suspension and debarment officials of the Department of Defense, Department of State, and United States Agency for International Development.

Sec. 113. Additional bases for suspension of contractors from contracting with the Federal Government.

Subtitle C—Department of Defense Matters

Sec. 121. Responsibility within Department of Defense for contract support for overseas contingency operations.

Sec. 122. Inclusion of contract support in certain Department of Defense planning requirements.

Sec. 123. Inclusion of matters relating to contingency operations in joint professional military education.

Subtitle D—Department of State and Related Agencies Matters

Sec. 131. Reorganization of acquisition functions of Department of State and United States Agency for International Development.

Sec. 132. Inclusion of contract support in certain Department of State planning activities.

Sec. 133. Professional education for Department of State personnel on acquisition for Department of State support and participation in Department of Defense overseas contingency operations.

TITLE II—Transparency, Sustainability, and Accountability in Contracts for Overseas Contingency Operations

Subtitle A—Limitations in Contracting

Sec. 201. Limitations applicable to certain contracts in connection with overseas contingency operations.

Sec. 202. Performance of certain security functions in overseas areas of overseas contingency operations.

Sec. 203. Justification and approval for sole-source contracts of unusual and compelling urgency exception to contract award through competitive procedures.

Subtitle B—Enhancements of Contracting Process

Sec. 211. Uniform contract writing system requirements for Federal agencies.

Sec. 212. Database on prices of items and services under Federal contracts.

Subtitle C—Contractor Accountability

Sec. 221. Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas.

Sec. 222. Combating trafficking in persons.

Sec. 223. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.

Sec. 224. Contractor performance evaluations and the Past Performance Information Retrieval System.

Subtitle D—Other Matters

Sec. 231. Sustainability requirements for certain capital projects funded by the Department of Defense for overseas contingency operations.

3.

Definitions

In this Act:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(B)

the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

(2)

Federal Acquisition Regulatory Council

The term Federal Acquisition Regulatory Council means the Federal Acquisition Regulatory Council under section 1302(a) of title 41, United States Code.

(3)

Overseas contingency operation

The term overseas contingency operation means a military operation outside the United States and its territories and possessions that is—

(A)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or

(B)

a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

I

Organization and Management of Federal Government for Contracting for Overseas Contingency Operations

A

Government-Wide Matters

101.

Responsibilities of the President regarding financing of overseas contingency operations

The President shall ensure that any request to Congress for funds for or relating to an overseas contingency operation includes the following:

(1)

A specific statement of the requested funds, broken out by—

(A)

amounts requested for each appropriations account covered by the request; and

(B)

amounts intended to be allocated to each program, project, and activity to be funded through the request.

(2)

A specific proposal for means of financing the amount requested, including an increase in specified revenues, a decrease in specified programs, projects, or activities, borrowing by the Federal Government, or other appropriate means.

102.

Responsibilities of the Director of the Office of Management and Budget regarding overseas contingency operations

(a)

Responsibilities regarding costs and financing

(1)

In general

The Director of the Office of Management and Budget shall be the principal official of the Federal Government with responsibility for advising the President on financial matters in connection with overseas contingency operations, including the costs and proposed means of financing of all programs, projects, and activities of the Federal Government in connection with such operations.

(2)

Particular responsibilities

The responsibility of the Director under this subsection shall include the responsibilities as follows:

(A)

To advise and report to the President on estimates of costs in connection with overseas contingency operations, including direct and indirect costs, current and future costs, and anticipated contracting costs.

(B)

To identify and report to the President on means of financing the costs of the Federal Government in connection with overseas contingency operations, including an increase in specified revenues, a decrease in specified programs, projects, or activities, borrowing by the Federal Government, or other appropriate means.

(3)

Consultation

The Director shall carry out the responsibility of the Director under this subsection in consultation with the Secretary of the Treasury, the Secretary of Defense, the Secretary of State, and other appropriate officials of the Federal Government.

(b)

Annual reports to Congress

Not later than 45 days after the end of each fiscal year in which Federal funds are obligated for or in connection with an overseas contingency operation, the Director of the Office of Management and Budget shall submit to Congress a report on the obligation and expenditure of Federal funds for or in relation to the operation during such fiscal year and in the aggregate since the commencement or designation of the operation as a contingency operation.

103.

Responsibilities of inspectors general for overseas contingency operations

(a)

In general

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

by redesignating section 8L as section 8M; and

(2)

by inserting after section 8K the following new section 8L:

8L.

Special provisions concerning overseas contingency operations

(a)

In general

Upon the commencement or designation of a military operation as an overseas contingency operation that exceeds 30 days, the Chair of the Council of Inspectors General on Integrity and Efficiency (CIGIE) shall, in consultation with the members of the Council, have the additional responsibilities specified in subsection (c) with respect to the Inspectors General specified in subsection (b).

(b)

Inspectors General

The Inspectors General specified in this subsection are the Inspectors General as follows:

(1)

The Inspector General of the Department of Defense.

(2)

The Inspector General of the Department of State.

(3)

The Inspector General of the United States Agency for International Development.

(c)

Specific responsibilities

The responsibilities specified in this subsection are the following:

(1)

In consultation with the Inspectors General specified in subsection (b), to designate a lead Inspector General in accordance with subsection (d) to discharge the authorities of lead Inspector General for the contingency operation concerned as set forth in that subsection.

(2)

To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (b) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(3)(B).

(3)

To assist in identifying for the Lead Inspector General for Overseas Contingency Operations, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (b) on matters relating to such contingency operation.

(d)

Lead Inspector General for overseas contingency operation

(1)

A lead Inspector General for an overseas contingency operation shall be designated by the Chair of the Council of Inspectors General on Integrity and Efficiency under subsection (c)(1) not later than 15 days after the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 30 days.

(2)

The lead Inspector General for a contingency operation shall be designated from among the Inspectors General specified in subsection (b).

(3)

The lead Inspector General for a contingency operation shall have the following responsibilities:

(A)

To appoint, from among the offices of the other Inspectors General specified in subsection (b), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection.

(B)
(i)

If none of the Inspectors General specified in subsection (b) has principal jurisdiction over a matter with respect to the contingency operation, to exercise responsibility for discharging oversight responsibilities in accordance with this Act with respect to such matter.

(ii)

If more than one of the Inspectors General specified in subsection (b) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this Act with respect to such matter.

(C)

To employ, or authorize the employment by the other Inspectors General specified in subsection (b), on a temporary basis using the authorities in section 3161 of title 5, United States Code, such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation.

(D)

To submit to Congress on a bi-annual basis, and to make available on an Internet website available to the public, a report on the activities of the lead Inspector General and the Inspectors General specified in subsection (b) with respect to the contingency operation, including—

(i)

the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and

(ii)

overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits.

(E)

To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency operation setting forth the information specified in paragraph (4).

(F)

To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (b) of duties relating to the contingency operation as the lead Inspector General shall specify.

(4)

The information specified in this paragraph with respect to a contingency operation is as follows:

(A)

Obligations and expenditures of appropriated funds.

(B)

A project-by-project and program-by-program accounting of the costs incurred to date for the contingency operation, together with the estimate of the Department of Defense, the Department of State, and the United States Agency for International Development, as applicable, of the costs to complete each project and each program.

(C)

Revenues attributable to or consisting of funds provided by foreign nations or international organizations to programs and projects for the contingency operation that are funded by any department or agency of the United States Government, and any obligations or expenditures of such revenues.

(D)

Revenues attributable to or consisting of foreign assets seized or frozen that contribute to programs and projects for the contingency operation that are funded by any department or agency of the United States Government, and any obligations or expenditures of such revenues.

(E)

Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the contingency operation.

(F)

In the case of any contract, grant, agreement, or other funding mechanism with respect to the contingency operation—

(i)

the amount of the contract, grant, agreement, or other funding mechanism;

(ii)

a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism;

(iii)

a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list of the potential individuals or entities that were issued solicitations for the offers; and

(iv)

the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition.

(5)
(A)

The lead Inspector General for a contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (b) of, annuitants covered by section 9902(g) of title 5, United States Code, for purposes of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation.

(B)

The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of title 5, United States Code, as if the lead Inspector General concerned was the Department of Defense.

(C)

The period of employment of an annuitant under this paragraph may not exceed three years, except that the period may be extended for up to an additional two years in accordance with the regulations prescribed pursuant to section 3161(b)(2) of title 5, United States Code.

(6)

The lead Inspector General for a contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this Act generally and the authorities and requirements applicable to the Inspectors General specified in subsection (b) under this Act.

(e)

Sunset for particular contingency operations

The requirements and authorities of this section with respect to a contingency operation shall cease at the end of the first fiscal year after the commencement or designation of the contingency operation in which the total amount appropriated for the contingency operation is less than $20,000,000.

(f)

Construction of authority

Nothing in this Act shall be construed to limit the ability of the Inspectors General specified in subsection (b) to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this Act with respect to overseas contingency operations.

(g)

Overseas contingency operation defined

In this section, the term overseas contingency operation means a military operation outside the United States and its territories and possessions that is—

(1)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or

(2)

a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

.

(b)

Conforming amendment relating to temporary employment authority

Section 3161 of title 5, United States Code, is amended by adding at the end the following new subsection:

(j)

Lead Inspectors General for overseas contingency operations as temporary organization

In addition to the meaning given that term in subsection (a), the term temporary organization for purposes of this subchapter shall also include the lead Inspector General for an overseas contingency operation under section 8L of the Inspector General Act of 1978 and the Inspectors General and inspector general office personnel assisting the lead Inspector General in the discharge of responsibilities under subsection (d) of that section with respect to the contingency operation.

.

104.

Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies

(a)

In general

Subsection (b)(3) of section 1702 of title 41, United States Code, is amended—

(1)

by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and

(2)

by inserting after subparagraph (E) the following new subparagraph (F):

(F)

advising the executive agency on the applicability of relevant policy on the contracts of the agency for overseas contingency operations and ensuring the compliance of the contracts and contracting activities of the agency with such policy;

.

(b)

Definition

Such section is further amended by adding at the following new subsection:

(d)

Overseas contingency operations defined

In this section, the term overseas contingency operations means military operations outside the United States and its territories and possessions that are—

(1)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10; or

(2)

a contingency operation, as that term is defined in subparagraph (B) of such section, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

.

B

Multi-Agency Matters

111.

Inclusion of contracts for support of overseas contingency operations in management structure of Department of Defense, Department of State, and United States Agency for International Development for procurement of contract services

(a)

Department of Defense

Section 2330(c) of title 10, United States Code, is amended—

(1)

in paragraph (2), by striking other than services and all that follows and inserting including services in support of overseas contingency operations. The term does not include services relating to research and development or military construction.; and

(2)

by adding at the end the following new paragraph:

(3)

The term overseas contingency operations means military operations outside the United States and its Commonwealths and possessions that are—

(A)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of this title; or

(B)

a contingency operation, as that term is defined in subparagraph (B) of such section, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

.

(b)

Department of State

(1)

In general

The Secretary of State shall establish and implement a management structure for the procurement of contract services for the Department of State.

(2)

Elements

The management structure required by this subsection shall include such elements of the management structure for the procurement of contract services for the Department of Defense under section 2330 of title 10, United States Code (as amended by subsection (a)), as the Secretary of State considers appropriate for the procurement of contract services.

(3)

Discharge of principal responsibilities

Any responsibility in the management structure for the procurement of contract services for the Department of State under this subsection that is derived from a responsibility discharged by the Under Secretary of Defense for Acquisition, Technology, and Logistics under section 2330 of title 10, United States Code (as so amended), shall be discharged in the management structure under this subsection by the Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 131(a) of this Act).

(c)

USAID

(1)

In general

The Administrator of the United States Agency for International Development shall establish and implement a management structure for the procurement of contract services for the United States Agency for International Development.

(2)

Elements

The management structure required by this subsection shall include such elements of the management structure for the procurement of contract services for the Department of Defense under section 2330 of title 10, United States Code (as amended by subsection (a)), as the Administrator considers appropriate for the procurement of contract services.

(3)

Discharge of principal responsibilities

Any responsibility in the management structure for the procurement of contract services for the United States Agency for International Development under this subsection that is derived from a responsibility discharged by the Under Secretary of Defense for Acquisition, Technology, and Logistics under section 2330 of title 10, United States Code (as so amended), shall be discharged in the management structure under this subsection by the Director of Acquisition and Assistance of the United States Agency for International Development under section 131(b) of this Act.

(d)

Contract services defined

In this section the term contract services includes all services acquired from private sector entities by or for an agency, including services in support of activities of the agency in connection with overseas contingency operations.

(e)

Reports to Congress

(1)

Reports required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall each submit to the appropriate committees of Congress a report on the implementation by the department or agency concerned of this section and the amendments made by this section, as applicable.

(2)

Elements for Department of State and USAID

The report of the Secretary of State and the Administrator of the United States Agency for International Development under this subsection shall each set forth the following:

(A)

A comprehensive description of the management structure established and implemented by the department or agency, as the case may be, under this section.

(B)

An identification of any elements of the management structure of the Department of Defense under section 2330 of title 10, United States Code (as amended by subsection (a)), that are not included in the management structure of the department or agency, as the case may be, and a justification for the omission of such elements.

(C)

An identification of any elements of the management structure of the department or agency, as the case may be, that are not included in the management structure of the Department of Defense, and a justification for the inclusion of such elements.

112.

Requirements and limitations for suspension and debarment officials of the Department of Defense, Department of State, and United States Agency for International Development

(a)

In general

Each administering official shall take appropriate actions to ensure that the requirements and limitations set forth in subsection (b) apply to each suspension and debarment official under the jurisdiction of such administering official and are complied with.

(b)

Covered requirements and limitations

The requirements and limitations set forth in this subsection with respect to a suspension and debarment official are as follows:

(1)

There shall be not less than one suspension and debarment official for each department or agency concerned.

(2)

A suspension and debarment official may not be located or co-located within the acquisition office of the department or agency concerned.

(3)

The sole duties of a suspension and debarment official shall be as follows:

(A)

The direction, management, and oversight of suspension and debarment activities.

(B)

Membership on the Interagency Committee on Debarment and Suspension, including submittal of periodic reports on the suspension and debarment activities of such official to the Committee for purposes fulfilling the requirements of the Committee for reports to Congress on suspension and debarment activities of the Federal Government required by section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4557; 31 U.S.C. 6101 note).

(4)

Each official shall have a staff and resources adequate for the discharge of the suspension and debarment activities of such official.

(5)

The sole duties of the staff of each official under paragraph (4) shall be suspension and debarment activities.

(6)

Each official shall adopt and comply with guidance on policies and procedures for suspension and debarment activities. The guidance adopted under this paragraph shall be subject to the approval of the administering official concerned. The guidance shall, to the extent practicable, be uniform across the department or agency concerned.

(7)

Each official shall adopt and implement policies on training and uniform practices for referrals of suspension and debarment matters. The policies adopted under this paragraph shall be subject to the approval of the administering official concerned.

(8)

The reports of each official to the Interagency Committee on Debarment and Suspension on the suspension and debarment activities of such official shall include, in addition to any information required by section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, a description of the basis for any final decision declining to pursue suspension or debarment and information on any administrative agreements in lieu of suspension or debarment entered into by such office during the period covered by such reports.

(c)

Construction of location limitation

Nothing in subsection (b)(2) shall be construed as authorizing a reduction in the number of suspension and debarment officials at the Department of Defense, the military departments, the Department of State, or the United States Agency for International Development from the number at the applicable agency as of the date of the enactment of this Act.

(d)

Definitions

In this section:

(1)

The term administering official means the following:

(A)

The Secretary of Defense, with respect to the Department of Defense.

(B)

The Secretary of the Army, with respect to the Department of the Army.

(C)

The Secretary of the Navy, with respect to the Department of the Navy.

(D)

The Secretary of the Air Force, with respect to the Department of the Air Force.

(E)

The Secretary of State, with respect to the Department of State.

(F)

The Administrator of the United States Agency for International Development, with respect to the United States Agency for International Development.

(2)

The term Interagency Committee on Debarment and Suspension means the committee constituted under sections 4 and 5 of Executive Order No. 12549.

(e)

Duties of Interagency Committee on Debarment and Suspension

Section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting , including with respect to contracts in connection with overseas contingency operations before the semicolon; and

(B)

in paragraph (7)—

(i)

in subparagraph (B), by striking ; and and inserting a semicolon;

(ii)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following new subparagraph:

(D)

all information on suspensions, debarments, and administrative agreements included in the report that do not appear in the Federal Awardee Performance and Integrity Information System required by section 2313 of title 41, United States Code.

; and

(2)

by striking subsection (b) and inserting the following new subsections:

(b)

Date of submittal of annual reports

The annual report required by subsection (a)(7) shall be submitted not later than 180 days after the date of the enactment of the Comprehensive Contingency Contracting Reform Act of 2012, and annually thereafter.

(c)

Definitions

In this section:

(1)

The term overseas contingency operations means military operations outside the United States and its territories and possessions that are—

(A)

a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or

(B)

a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

(2)

The term Interagency Committee on Debarment and Suspension means the committee constituted under sections 4 and 5 of Executive Order No. 12549.

.

113.

Additional bases for suspension of contractors from contracting with the Federal Government

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide for the automatic suspension of a contractor from contracting with the Federal Government in the event of the following:

(1)

A charge by indictment or information of the contractor on a Federal offense relating to the performance of a contract with the Department of Defense, the Department of State, or the United States Agency for International Development in connection with an overseas contingency operation.

(2)

A final determination by the head of a contracting agency of the Department of Defense, the Department of State, or the United States Agency for International Development that the contractor has failed to pay or refund amounts due or owed to the Federal Government in connection with an overseas contingency operation.

(3)

A charge by the Federal Government in a civil or criminal proceeding alleging fraudulent actions on the part of the contractor, whether by an employee, affiliate, or subsidiary of the contractor or any business owned or controlled by the contractor, on any contract with the Federal Government whether or not in connection with an overseas contingency operation.

C

Department of Defense Matters

121.

Responsibility within Department of Defense for contract support for overseas contingency operations

(a)

Responsibility

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations the chain of authority and responsibility within the Department of Defense for policy, planning, and execution of contract support for overseas contingency operations.

(2)

Elements

The regulations under paragraph (1) shall, at a minimum—

(A)

specify the officials, offices, and components of the Department within the chain of authority and responsibility described in paragraph (1);

(B)

identify for each official, office, and component specified under subparagraph (A)—

(i)

requirements for policy, planning, and execution of contract support for overseas contingency operations, including, at a minimum, requirements in connection with—

(I)

coordination of functions, authorities, and responsibilities related to operational contract support for overseas contingency operations;

(II)

assessments of total force data in support of Department force planning scenarios, including the appropriateness of and necessity for the use of contractors for identified functions;

(III)

determinations of capability requirements for non-acquisition community operational contract support, and identification of resources required for planning, training, and execution to meet such requirements;

(IV)

determinations of policy regarding the use of contractors by function, and identification of the training exercises that will be required for contract support (including an assessment whether or not such exercises will include contractors); and

(V)

establishment of an inventory, and identification of areas of high-risk and trade-offs, for use of contract support in overseas contingency operations and for areas in which members of the Armed Forces will be used in such operations instead of contract support; and

(ii)

roles, authorities, responsibilities, and lines of supervision for the achievement of the requirements identified under clause (i), including the position within the chain of authority and responsibility described in paragraph (1) with responsibility for reporting directly to the Secretary regarding policy, planning, and execution of contract support for overseas contingency operations; and

(C)

ensure that the chain of authority and responsibility described in paragraph (1) is appropriately aligned with, and appropriately integrated into, the structure of the Department for the conduct of overseas contingency operations, including the military departments, the Joint Staff, and the commanders of the unified combatant commands.

(b)

Secretary of Defense report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the regulations prescribed under subsection (a). The report shall set forth the following:

(1)

The regulations.

(2)

A comprehensive description of the requirements identified under clause (i) of subsection (a)(2)(B), and a comprehensive description of the manner in which the roles, authorities, responsibilities, and lines of supervision under clause (ii) of that subsection will further the achievement of such requirements.

(3)

A comprehensive description of the manner in which the regulations will meet the requirements in subsection (a)(2)(C).

(c)

Comptroller General report

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the regulations prescribed under subsection (a). The report shall set forth an assessment by the Comptroller General of the extent to which the regulations will further the achievement by the Department of Defense of efficient and effective policy, planning, and execution of contract support for overseas contingency operations.

(d)

Annual reports on contract support for overseas contingency operations

(1)

In general

Upon the commencement or designation of a military operation as an overseas contingency operation that exceeds 30 days, and annually thereafter until the termination of the operation, the commander of the combatant command having principal responsibility for the operation shall, in consultation with the Secretary of Defense, submit to the appropriate committees of Congress a report on contract support for the operation.

(2)

Elements

Each report under paragraph (1) regarding an operation shall set forth the following:

(A)

A description and assessment of the policy, planning, management, and oversight of the Department with respect to contract support for the operation.

(B)

With respect to contracts entered into in connection with the operation:

(i)

The total number of contracts entered into as of the date of such report.

(ii)

The total number of such contracts that are active as of such date.

(iii)

The total value of contracts entered into as of such date.

(iv)

The total value of such contracts that are active as of such date.

(v)

An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures.

(vi)

The total number of contractor personnel working under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(vii)

The total number of contractor personnel performing security functions under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(viii)

The total number of contractor personnel killed or wounded under any contracts entered into.

(C)

The sources of information and data used to prepare the portion of such report required by subparagraph (B).

(D)

A description of any known limitations of the information or data reported under subparagraph (B), including known limitations in methodology or data sources.

(E)

Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation.

(3)

Estimates

In determining the total number of contractor personnel working under contracts for purposes of paragraph (2)(B)(vi), the commander of the combatant command concerned may use estimates for any category of contractor personnel for which the commander determines it is not feasible to provide an actual count. Each report under paragraph (1) shall fully disclose the extent to which such an estimate is used in lieu of an actual count.

(4)

Prohibition on preparation by contractor personnel

A report under this subsection may not be prepared by contractor personnel.

122.

Inclusion of contract support in certain Department of Defense planning requirements

(a)

Readiness reporting system

Section 117(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(8)

Measure, on a quarterly basis, the capability of operational contract support to support current and anticipated wartime missions of the armed forces.

.

(b)

Contingency planning and preparedness functions of CJCS

Section 153(a)(3) of such title is amended by adding at the end the following new subparagraph:

(E)

In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretaries of the military departments, the heads of the Defense Agencies, and the commanders of the combatant commands, determining the operational contract support requirements of the armed forces and recommending the resources required to improve and enhance operational contract support for the armed forces and planning for such operational contract support.

.

123.

Inclusion of matters relating to contingency operations in joint professional military education

(a)

In general

Section 2151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(6)

Contingency operations.

.

(b)

Curriculum for three-Phase approach

Section 2154 of such title is amended by adding at the end the following new subsection:

(c)

Curriculum relating to contingency operations

(1)

The curriculum for each phase of joint professional military education implemented under this section shall include content appropriate for such phase on the following:

(A)

Requirements definition.

(B)

Contingency program management.

(C)

Contingency contracting.

(D)

The strategic impact of contracting costs on military missions.

(2)

In this subsection, the terms requirements definition, contingency program management, and contingency contracting have the meaning given those terms in section 2333(f) of this title.

.

D

Department of State and Related Agencies Matters

131.

Reorganization of acquisition functions of Department of State and United States Agency for International Development

(a)

Office of Acquisition and Logistics within Department of State

(1)

Establishment

Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section:

63.

Office of Acquisition and Logistics

(a)

Establishment

There is established within the Department of State the Office of Acquisition and Logistics.

(b)

Director of Acquisition and Logistics

(1)

In general

The head of the Office of Acquisition and Logistics shall be the Director of Acquisition and Logistics, who shall be appointed or designated by the Secretary in the manner provided in section 1702(a) of title 41, United States Code.

(2)

Supervision

The Director of the Office of Acquisition and Logistics shall report directly to the Secretary regarding the functions and activities of the Office of Acquisition and Logistics. The Director shall also be subject to the supervision of the Deputy Secretary of State for Management and Resources regarding such functions and activities. The Office shall be under the jurisdiction of the Under Secretary of State for Management for administrative purposes and to facilitate collaboration with other offices and bureaus of the Department of State.

(3)

Chief Acquisition Officer

The Director of the Office of Acquisition and Logistics shall be the Chief Acquisition Officer of the Department of State for purposes of section 1702 of title 41, United States Code.

(c)

Functions of Office

The functions of the Office of Acquisition and Logistics shall include principal responsibility within the Department of State for the acquisition, procurement, and logistics management activities of the Department, including, but not limited to, the following:

(1)

The development and implementation of Department policies regarding acquisition, procurement, and logistics management.

(2)

The provision of advice to offices, bureaus, and other elements of the Department on the acquisition, procurement, and logistics management policies of the Department.

(3)

The direction, management, and oversight of acquisition and procurement by the offices, bureaus, and other elements of the Department, including the regional procurement offices of the Department.

(4)

The direction, management, and oversight of the performance of contracting activities for Department operations.

(5)

Such other matters relating to the acquisition, procurement, and logistics management activities of the Department as the Secretary considers appropriate.

(d)

Resources

The Office of Acquisition and Logistics shall have such personnel and other resources as the Secretary considers appropriate to discharge its functions.

.

(2)

Transfer of certain functions, personnel, and resources

There is hereby transferred to the Office of Acquisition and Logistics of the Department of State established by section 63 of the State Department Basic Authorities Act of 1956 (as added by paragraph (1)) the following:

(A)

The functions, personnel, and resources of the Office of the Procurement Executive of the Bureau of Administration of the Department of State as of the date of the enactment of this Act.

(B)

The functions, personnel, and resources of the Office of the Logistics Management of the Bureau of Administration of the Department of State as of the date of the enactment of this Act.

(3)

Administration

The Under Secretary of State for Management shall administer the functions, personnel, and resources transferred under paragraph (2) as part of the Office of Acquisition and Logistics of the Department of State (as so established).

(b)

Office of Acquisition and Assistance within USAID

(1)

Establishment

There is established within the United States Agency for International Development the Office of Acquisition and Assistance.

(2)

Director

(A)

In general

The head of the Office of Acquisition and Assistance shall be the Director of Acquisition and Assistance, who shall be appointed or designated by the Administrator of the United States Agency for International Development in the manner provided for appointments or designations of chief acquisition officers under section 1702(a) of title 41, United States Code.

(B)

Supervision

The Director of Acquisition and Assistance shall report directly to the Administrator of the United States Agency for International Development regarding the functions and activities of the Office of Acquisition and Assistance.

(C)

Chief Acquisition Officer

The Director of Acquisition and Assistance shall be the Chief Acquisition Officer of the United States Agency for International Development, and shall discharge for the Agency the functions specified of a chief acquisition officer in section 1702(b) of title 41, United States Code.

(3)

Function of Office

The Office of Acquisition and Assistance shall be the element of the United States Agency for International Development principally responsible for the direction, management, and oversight of the acquisition and procurement activities of the Agency for International Development.

(4)

Resources

The Office of Acquisition and Assistance shall have the personnel and resources as follows:

(A)

The personnel and resources of the Office of Acquisition and Assistance of the Bureau for Management of the United States Agency for International Development as of the date of the enactment of this Act, which personnel and resources the Administrator shall transfer to the Office of Acquisition and Assistance established by this subsection.

(B)

Such other personnel and resources as the Administrator considers appropriate for the discharge of the functions of the Office of Acquisition and Assistance.

(c)

Annual reports on contract support for overseas contingency operations

(1)

In general

Upon the commencement or designation of a military operation as an overseas contingency operation that exceeds 30 days, and annually thereafter until the termination of the operation, the Secretary of State and the Administrator of the United States Agency for International Development shall each submit to the appropriate committees of Congress a report on contract support, if any, of such agency for the operation.

(2)

Discharge

The Secretary of State shall submit the reports required by paragraph (1) through the Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by subsection (a)). The Administrator of the United States Agency for International Development shall submit the reports required by paragraph (1) through the Director of Acquisition and Assistance of the United States Agency for International Development under subsection (b).

(3)

Elements

Each report of an agency under paragraph (1) regarding an operation shall set forth the following:

(A)

A description and assessment of the policy, planning, management, and oversight of the agency with respect to contract support for the operation.

(B)

With respect to contracts entered into in connection with the operation:

(i)

The total number of contracts entered into as of the date of such report.

(ii)

The total number of such contracts that are active as of such date.

(iii)

The total value of contracts entered into as of such date.

(iv)

The total value of such contracts that are active as of such date.

(v)

An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures.

(vi)

The total number of contractor personnel working under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(vii)

The total number of contractor personnel performing security functions under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date.

(viii)

The total number of contractor personnel killed or wounded under any contracts entered into.

(C)

The sources of information and data used to prepare the portion of such report required by subparagraph (B).

(D)

A description of any known limitations of the information or data reported under subparagraph (B), including known limitations in methodology or data sources.

(E)

Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation.

(4)

Estimates

In determining the total number of contractor personnel working under contracts for purposes of paragraph (3)(B)(vi), the Secretary or the Administrator may use estimates for any category of contractor personnel for which the commander determines it is not feasible to provide an actual count. Each report under paragraph (2) shall fully disclose the extent to which such an estimate is used in lieu of an actual count.

(5)

Prohibition on preparation by contractor personnel

A report under this subsection may not be prepared by contractor personnel.

132.

Inclusion of contract support in certain Department of State planning activities

(a)

QDDR

Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by section 131(a) of this Act, is further amended by adding at the end the following new section:

64.

Quadrennial diplomacy and development review

(a)

Review required

The Secretary shall, every four years during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as the quadrennial diplomacy and development review) of the diplomatic and overseas development strategy of the United States with a view toward determining and expressing the diplomatic and overseas development strategy of the United States for the next 20 years.

(b)

Elements

Each quadrennial diplomacy and development review shall include the following:

(1)

The matters included in the quadrennial diplomacy and development review conducted by the Department of State in 2010, as modified from time to time by the Secretary.

(2)

With respect to contract support of the diplomatic and overseas development strategy of the United States, the following:

(A)

The assumptions used in the review on the roles and responsibilities that would be discharged by contractors.

(B)

The contract support required to support the programs and activities of the Department.

(C)

The appropriate ratio of Department personnel to contractor personnel in the discharge of the programs and activities of the Department.

(3)

Such other matters as the Secretary considers appropriate.

(c)

Prohibition on performance by contractor personnel

A quadrennial diplomacy and development review under this section may not be performed by contractor personnel.

.

(b)

Contractor readiness reporting

(1)

Reporting system required

As part of the planning of the Department of State for the discharge of the programs and activities of the Department, the Secretary of State shall establish a reporting system on the readiness of the contractors of the Department to support the Department in the discharge of its programs and activities.

(2)

Elements

The reporting system required by this subsection shall do the following:

(A)

Measure, on a quarterly basis, the capability of contract support of the Department to support current and anticipated programs and activities of the Department.

(B)

Measure, on such frequency as the Secretary shall specify, such other matters with respect to contract support of the Department as the Secretary considers appropriate for the reporting system.

133.

Professional education for Department of State personnel on acquisition for Department of State support and participation in Department of Defense overseas contingency operations

(a)

Professional education required

The Secretary of State shall develop and administer for Department of State personnel specified in subsection (b) a course of professional education on acquisition by the Department of State for Department of State support for, and participation in, overseas contingency operations of the Department of Defense.

(b)

Covered Department of State personnel

The Department of State personnel specified in this subsection are as follows:

(1)

The Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 131(a) of this Act).

(2)

Personnel of the Department designated by the Director of Acquisition and Logistics, including contracting officers and other contracting personnel.

(3)

Such other personnel of the Department as the Secretary of State shall designate for purposes of this section.

(c)

Elements

(1)

Curriculum content

The course of professional education under this section shall include appropriate content on the following:

(A)

Contingency contracting.

(B)

Contingency program management.

(C)

The strategic impact of contracting costs on the mission and activities of the Department of State.

(D)

Such other matters relating to acquisition by the Department of State for Department of State support for, or participation in, overseas contingency operations of the Department of Defense as the Secretary of State considers appropriate.

(2)

Phased approach

The course of professional education may be broken into two or more phases of professional education with curriculum or modules of education suitable for the Department of State personnel specified in subsection (b) at different phases of professional advancement within the Department.

(d)

Definitions

In this section:

(1)

The term contingency contracting means all stages of the process of acquiring property or services by the Department of State for Department of State support for, and participation in, overseas contingency operations of the Department of Defense.

(2)

The term contingency program management means the process of planning, organizing, staffing, controlling, and leading specific acquisition programs and activities of the Department of State for Department of State support for, and participation in, overseas contingency operations of the Department of Defense.

II

Transparency, Sustainability, and Accountability in Contracts for Overseas Contingency Operations

A

Limitations in Contracting

201.

Limitations applicable to certain contracts in connection with overseas contingency operations

(a)

Limitation on contract periods

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, commencing 180 days after the date of the commencement or designation of a military operation as an overseas contingency operation, the contract period of contracts entered into by a covered agency in connection with such contingency operation shall be limited to the contract periods specified in paragraph (2), except as provided in paragraph (3).

(2)

Contract periods

The contract periods specified in this paragraph are as follows:

(A)

Three years in the case of competitively bid contracts.

(B)

One year in the case of non-competitively bid contracts and competitively bid contracts for which only one offer was received by the covered agency.

(3)

Waiver

The amendment of the Federal Acquisition Regulation required by this subsection shall provide that the head of a covered agency may waive the applicability of the limitations in paragraph (2) to a contract if—

(A)

the contracting officer certifies in writing as part of a justification and approval (J&A) that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that—

(i)

the period of performance for the contract in excess of the limitations in paragraph (2) will be in the best interest of the United States; and

(ii)

the offeror has submitted information in a bid or proposal sufficient to show that representations by the offeror about the offeror’s ability to timely, sufficiently, and cost-effectively perform the contract, if awarded, are reasonable;

(B)

the contracting officer conducts the cost analysis required by section 15.404–1 of the Federal Acquisition Regulation; and

(C)

the head of the agency determines in writing based on the information obtained pursuant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States.

(b)

Limitation on subcontracting tiers for service contracts

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, commencing 180 days after the date of the commencement or designation of a military operation as an overseas contingency operation, any contract for services entered into by a covered agency in connection with such contingency operation may only have a single tier of subcontractors, except as provided in paragraph (2).

(2)

Waiver

The amendment of the Federal Acquisition Regulation required by this subsection shall provide that the head of a covered agency may waive the applicability of the limitation in paragraph (1) to a contract if—

(A)

the contracting officer includes in the contract a provision for liquidated damages (in an amount specified by the contracting officer in the contract) in favor of the United States in the event a subcontractor under the contract at any tier is determined by the contracting officer to have acted in the performance of the contract in a manner that is illegal or unethical or harms the strategic political or military goals of the United States;

(B)

the contracting officer certifies in writing a justification and approval that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that, if the contract is performed in component parts, no combination of contractors within the market exist that could perform the contract either by prime contractor alone or through the use of subcontractors only at a single tier; and

(C)

the head of the agency determines in writing based on the information obtained pursuant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States.

(c)

Covered agency defined

In this section, the term covered agency means the following:

(1)

The Department of Defense.

(2)

The Department of State.

(3)

The United States Agency for International Development.

202.

Performance of certain security functions in overseas areas of overseas contingency operations

(a)

Annual review of performance of functions

(1)

In general

Not later than one year after the commencement or designation of a military operation as an overseas contingency operation, and annually thereafter until the termination of the operation, the Secretary of Defense and the Secretary of State shall each conduct a review of the performance of covered security functions for the Department of Defense and the Department of State, as the case may be, in the overseas areas of the operation. Each review shall incorporate the results of the most recent risk analysis conducted with respect to the operation concerned under subsection (b).

(2)

Submittal to Congress

Each review conducted under this subsection shall be submitted to the appropriate committees of Congress not later than 30 days after the completion of such review.

(b)

Risk analyses of performance of functions by contractor personnel

(1)

In general

Not later than six months after the commencement or designation of a military operation as an overseas contingency operation, and annually thereafter until the termination of the operation, the commander of the combatant command having principal responsibility for the conduct of the operation shall determine, in consultation with the Secretary of Defense or the Secretary of State (as applicable), whether the performance by contractor personnel of any covered security functions for the Department of Defense or the Department of State in overseas areas of the operation after the date of such determination is appropriate and necessary.

(2)

Determination through risk analysis

Each determination under this subsection shall be made using a risk analysis meeting the requirements of Department of Defense Instruction 1100.22, or a successor instruction.

(3)

Information on identified functions

If the performance of any covered security function by contractor personnel is determined under this subsection to be appropriate and necessary, the review incorporating the risk analysis submitted under subsection (a)(2) shall set forth the security functions or functions concerned and the reasons for the determination.

(4)

Prohibition on performance of risk analyses by contractor personnel

A risk analysis under this subsection may not be performed by contractor personnel.

(c)

Incorporation into policies and planning on OCOs

The results of the reviews required by subsection (a) shall be incorporated into the policies and planning of the Department of Defense and the Department of State for the conduct of overseas contingency operations.

(d)

Temporary employment authority

(1)

In general

If the performance by contractor personnel of any covered security functions for the Department of Defense or the Department of State in overseas areas of an overseas contingency operation is terminated, either as a whole or in part, as a result of a determination under subsection (b), the Secretary of Defense or the Secretary of State (as applicable) may, using the authority in section 3161 of title 5, United States Code (as amended by subsection (e)), appoint to positions of employment in the Department of Defense or the Department of State, as the case may be, such personnel described in paragraph (2) as are necessary for the performance of such functions for the Department of Defense or the Department of State, as the case may be, in the overseas areas of the operation.

(2)

Covered personnel

The personnel described in this paragraph are the following:

(A)

In the case of the Department of State, diplomatic security personnel.

(B)

Law enforcement personnel of the United States Government.

(e)

Conforming amendment

Section 3161 of title 5, United States Code (as amended by section 103(b) of this Act), is further amended by adding at the end the following new subsection:

(k)

Security functions for overseas contingency operations

(1)

In addition to the meaning given that term in subsection (a), the term temporary organization for purposes of this subchapter means the Department of Defense and the Department of State for purposes of the performance of security functions in overseas areas of an overseas contingency operation pursuant to section 202(d) of the Comprehensive Contingency Contracting Reform Act of 2012.

(2)

A department specified in paragraph (1) may be treated as a temporary organization under that paragraph for purposes of an overseas contingency operation only during the duration of the operation.

.

(f)

Definitions

In this section:

(1)

The term contractor personnel means any person performing work under contract for the Department of Defense or the Department of State, including individuals and subcontractors at any tier, in an overseas area of an overseas contingency operation.

(2)

The term covered security functions means the following:

(A)

Mobile security functions.

(B)

Personal security functions.

(C)

Static security functions.

(3)

The term mobile security functions includes the protection of convoys.

(4)

The term personal security functions includes the provision of security escorts and personal security details.

(5)

The term static security functions includes the protection of fixed or static sites such as housing areas, reconstruction work sites, and Government buildings and facilities.

203.

Justification and approval for sole-source contracts of unusual and compelling urgency exception to contract award through competitive procedures

(a)

Department of Defense and related agencies

Section 2304(c)(2) of title 10, United States Code, is amended by inserting before the semicolon at the end the following: , except that in any case in which the agency solicits a bid or proposal from only one source, the head of an agency may only use the authority in this paragraph if the contracting officer certifies in writing a justification and approval (J&A) of the reasons necessary for using this authority to solicit a bid or proposal from only one source, and such certifications are compiled and submitted annually in a report to the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

(b)

Other executive agencies

Section 3304(a)(2) of title 41, United States Code, is amended by inserting before the semicolon at the end the following: , except that in any case in which the agency solicits a bid or proposal from only one source, the head of an agency may only use the authority in this paragraph if the contracting officer certifies in writing, a justification and approval (J&A) of the reasons necessary for using this authority to solicit a bid or proposal from only one source, and such certifications are compiled and submitted annually in a report to the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

B

Enhancements of Contracting Process

211.

Uniform contract writing system requirements for Federal agencies

(a)

Executive agencies other than Department of Defense

The Administrator of General Services shall establish and maintain a single contract writing system to apply uniformly to all executive agencies, other than the Department of Defense and the military departments.

(b)

Department of Defense

The Secretary of Defense shall establish and maintain a single contract writing system to apply uniformly to the Department of Defense and all agencies and components of the Department, including the military departments.

(c)

Use

(1)

Use required

Subject to paragraph (2), upon the establishment of the contract writing system applicable to the executive agency concerned under subsection (a), the executive agency shall use such contract writing system for all contracts entered into by the executive agency.

(2)

Exception

An executive agency may use a contract writing system other than the contract writing system otherwise applicable to the executive agency under subsection (a) if the Director of the Office of Management and Budget determines, using a business case analysis conducted for that purpose, that the use of such alternative contract writing system by the executive agency will result in cost savings to the Federal Government.

(d)

Executive agency defined

In this section, the term executive agency has the meaning given that term in section 133 of title 41, United States Code.

212.

Database on prices of items and services under Federal contracts

(a)

Database required

(1)

In general

Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:

3312.

Database on prices of items and services under Federal contracts

(a)

Database required

The Administrator shall establish and maintain a database of information on the prices charged the Federal Government for items and services under contracts with the Federal Government. The information in the database shall be designed to assist Federal acquisition officials in the following:

(1)

Monitoring developments in the prices of items and services charged the Federal Government under contracts with the Federal Government.

(2)

Conducting pricing or cost analyses for items and services under offers for contracts with the Federal Government, or otherwise conducting determinations of the reasonableness of prices for items and services under such offers.

(b)

Use

The database under subsection (a) shall be available to executive agencies in the evaluation of offers for contracts with the Federal Government for items and services.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 33 of such title is amended by adding at the end the following new item:

3312. Database on prices of items and services under Federal contracts.

.

(b)

Use of elements of Department of Defense pilot project

In establishing the database required by section 3312 of title 41, United States Code (as added by subsection (a)), the Administrator of Federal Procurement Policy shall use and incorporate appropriate elements of the pilot project on pricing of the Department of Defense being carried out by the Director of Defense Pricing.

C

Contractor Accountability

221.

Contractor consent to jurisdiction for certain civil actions under certain contracts for work overseas

(a)

Consent to jurisdiction

The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that any covered contract provides that—

(1)

the contractor consents to personal jurisdiction over the contractor with respect to any covered civil action, including a covered civil action against one or more employees of the contractor for which the contractor may be liable under theories of vicarious liability;

(2)

the contractor consents to personal jurisdiction in the United States District Court for the District of Columbia for a covered civil action in which—

(A)

the events giving rise to the cause of action occurred outside the United States; and

(B)

personal jurisdiction cannot be established in another Federal court;

(3)

consent to personal jurisdiction under paragraph (2) shall not operate to deprive or terminate personal jurisdiction of the contractor in any court that otherwise has personal jurisdiction under another provision of law or to limit any cause of action or remedy under any other provision of law;

(4)

if the covered contract was awarded to a contractor that does not maintain an office in the United States, the contractor shall designate an agent located in the United States for service of process in any covered civil action;

(5)

except as provided in paragraph (6), any covered civil action shall be analyzed in accordance with the laws of the United States; and

(6)

the substantive law of the State (including the District of Columbia) in which the covered civil action is brought shall be the law applicable to a covered civil action if—

(A)

the substantive law otherwise applicable to the covered civil action would be the law of the location where the events giving rise to the cause action occurred; and

(B)

the location is designated as a hazardous duty zone by the Secretary of Defense.

(b)

Applicability

The amendment to the Federal Acquisition Regulation made under subsection (a) shall apply with respect to any covered contract that is entered into on or after the effective date of the amendment under subsection (a).

(c)

Definitions

In this section:

(1)

The term contractor, with respect to a covered contract, includes the contractor under the contract, any subcontractor under the contract, any subordinate contractor under the contract, any subsidiary, parent company, or successor entity of the contractor formed to act as a successor in interest of the contractor, and any employee thereof performing work under or in connection with the contract.

(2)

The term covered civil action means the following:

(A)

A civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States.

(B)

A civil action alleging the wrongful death of a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States brought by a family member of the deceased.

(3)

The term covered contract

(A)

means a contract—

(i)

for work to be performed outside the United States that is awarded or entered into by the United States (including any executive department, agency, or independent establishment thereof); and

(ii)

with a value of not less than $5,000,000; and

(B)

includes any subcontract or subordinate contract under a contract described in subparagraph (A).

(4)

The term rape means conduct that would violate section 920(a) of title 10, United States Code (article 120(a) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(5)

The term serious bodily injury has the meaning given that term in section 1365 of title 18, United States Code.

(6)

The term sexual assault means conduct that would violate section 920 (c), (h), or (m) of title 10, United States Code (article 120 (c), (h), or (m) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(7)

The term United States, in a geographic sense—

(A)

means the several States and the District of Columbia; and

(B)

does not include any military installation or facility located outside the area described in subparagraph (A).

222.

Combating trafficking in persons

(a)

Fraud in foreign labor contracting

Section 1351 of title 18, United States Code, is amended—

(1)

by inserting (a) Work inside the United States.— before Whoever knowingly; and

(2)

by adding at the end the following:

(b)

Work outside the United States

Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of work performed on a United States Government contract performed outside the United States or on a United States Government military installation or mission or other property or premises owned or controlled by the United States Government by means of materially false or fraudulent pretenses, representations, or promises regarding that employment shall be fined under this title, imprisoned for not more than 5 years, or both.

.

(b)

Termination provisions for certain contracts

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that any covered contract entered into by a covered agency shall—

(A)

include provisions authorizing termination of the contract if the prime contractor, any subcontractor at any tier under the prime contractor, or any labor recruiter or broker employed by the prime or subcontractor at any tier engages in severe forms of trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract, including—

(i)

destroying, concealing, removing, or confiscating an employee's immigration documents without the employee's consent;

(ii)

failing to repatriate an employee upon the end of employment, unless the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;

(iii)

misrepresenting the location or occupation of employment to prospective employees;

(iv)

charging recruited employees exorbitant placement fees, including, but not limited to, fees that violate the laws of the country from which an employee is recruited, or fees equal to or greater than the employee's monthly salary; and

(v)

any other activities that support or promote trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract; and

(B)

require, prior to contract award and annually thereafter during the term of the contract, a certification by the contractor to the covered agency that—

(i)

neither the contractor nor any subcontractor, labor recruiter, broker, or employee under the contract is engaged in any activities covered by subparagraph (A); and

(ii)

the contractor has in place procedures—

(I)

to prevent activities described in subparagraph (A); and

(II)

to monitor, detect and terminate any subcontractor, labor recruiter, broker, or employee subsequently found to be engaged in any activities described in subparagraph (A) during the course of the contract.

(2)

Definitions

In this subsection:

(A)

Covered agency

The term covered agency means the following:

(i)

The Department of Defense.

(ii)

The Department of State.

(iii)

The United States Agency for International Development.

(B)

Covered contract

The term covered contract

(i)

means a contract with a value of not less than $1,000,000 for work to be performed outside the United States that is awarded or entered into by a covered agency; and

(ii)

includes any subcontract or subordinate contract under a contract described in clause (i).

223.

Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System

(a)

Inclusion of corporations among covered persons

Subsection (b) of section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4555) is amended by inserting (including a corporation) after Any person both places it appears.

(b)

Information on corporations

Subsection (d) of such section is amended by adding at the end the following new paragraph:

(3)

Information on corporations

The information on a corporation in the database shall, to the extent practicable, include information on any parent, subsidiary, or successor entities to the corporation in manner designed to give the acquisition officials using the database a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts and grants.

.

224.

Contractor performance evaluations and the Past Performance Information Retrieval System

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation as follows:

(1)

The requirements under section 42.1503(b) of the Federal Acquisition Regulation to submit agency evaluations of contractor performance to a contractor, to permit a contractor response to evaluations, and to retain such response in performance evaluations shall be terminated.

(2)

Contractor performance evaluations shall be entered into the Past Performance Information Retrieval System (PPIRS) under section 42.1503 of the Federal Acquisition Regulation using the Contractor Performance Assessment Reporting System.

D

Other Matters

231.

Sustainability requirements for certain capital projects funded by the Department of Defense for overseas contingency operations

(a)

Certification on sustainability required before commencement of projects

(1)

In general

Commencing 60 days after the date of the enactment of this Act, a capital project described in subsection (b) may not be commenced unless the Secretary of Defense, in consultation with the United States commander of military operations in the country in which the project will be carried out, certifies to the appropriate committees of Congress that the country has the capability (in both financial and human resources) to effectively maintain and utilize the project.

(2)

Considerations

In making a certification under paragraph (1) with respect to a capital project, the Secretary shall take into account the status of the maintenance and utilization of capital projects, if any, in the country in which the project is to be carried out that were previously financed or assisted by the United States.

(b)

Covered capital projects

A capital project described in this subsection is any capital project overseas for an overseas contingency operation that is for the benefit of the host country, is funded by the Department of Defense using covered funds, and has an estimated value in excess of $1,000,000, other than a project for military construction (as that term is defined in section 114(b) of title 10, United States Code) or a military family housing project under section 2821 of such title.

(c)

Termination of unsustainable projects in progress

(1)

In general

Effective 180 days after the date of the enactment of this Act, the Secretary of Defense shall terminate each capital project described in subsection (b) that is in progress, but not completed, as of the date of the enactment of this Act if the Secretary—

(A)

determines, in consultation with the United States commander of military operations in the country in which the project is being carried out, that the country does not have the capability (in both financial and human resources) to effectively maintain and utilize the project; or

(B)

has not made any determination on the matters described in subparagraph (A) with respect to the project.

(2)

Waiver

The Secretary may waive the requirement for termination of a project under paragraph (1) if the Secretary submits to the appropriate committees of Congress a written certification that the project is vital to a military or security objective of the United States.

(d)

Definitions

In this section:

(1)

The term capital project has the meaning given the term in section 308 of the Aid, Trade, and Competitiveness Act of 1992 (title III of Public Law 102–549; 22 U.S.C. 2421e; 106 Stat. 3660).

(2)

The term covered funds means the following:

(A)

Amounts in the Afghanistan Infrastructure Fund.

(B)

Amounts in the Afghanistan Security Forces Funds.

(C)

Amounts available for the Commanders’ Emergency Response Program.

(D)

Any other funds authorized to be appropriated for the Department of Defense that are made available for a capital project.