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Apr 26, 2010

Summary of Amendments Submitted to the Rules Committee for
H.R. 5013 - Implementing Management for Performance and Related
Reforms to Obtain Value in Every Acquisition Act of 2010

(summaries derived from information provided by sponsors)
Listed in Alphabetical Order
April 27, 2010 1:52 PM

Arcuri (NY), Shuler (NC), Davis, Geoff (KY)


Would require DOD to report to Congress on the impacts of the Berry Amendment exceptions for specialty metals (10 U.S.C. section 2533b) on the domestic manufacturing base. At a minimum, the report shall include titanium manufacturing.

Childers (MS)


Would ensure that training courses for acquisition personnel include market research strategies to ensure that the surrounding market is considered during the contracting process.

Connolly (VA)


Revised Would create an Industrial Base Council within the DOD, supported by existing personnel and funds, to provide recommendations to the Secretary on budget and policy matters related to the industrial base. Would require an annual report to Congress on the Council's activities.

Courtney (CT)


Would require the Defense Department to use the Department of Veterans Affairs Vendor Information Page database to determine eligibility for service-disabled, veteran-owned business set-aside contracts.

Dahlkemper (PA)


Revised Would direct the Secretary of Defense to carry out a program providing for cost savings on non-developmental items by allowing a contracting officer to make an award for an existing contract to an entity submitting a new proposal that provides for a savings of greater than 15%, provided that doing so does not constitute a breach of contract.

DeFazio (OR)


Would move the audit readiness plan deadline (10 U.S.C. 2222 note) from 2017 to 2013.

Edwards, Donna (MD)


Would direct the DOD to engage in outreach to businesses in the vicinity of DOD installations to notify them of opportunities to obtain contracts and subcontracts to perform work at such installations.

Grayson (FL), Hastings, Alcee (FL)


Would require agency heads to determine if there are cost overruns for DOD contracts and assess penalties for any such overruns.

Grayson (FL), Hastings, Alcee (FL)


Would require DOD to give cost at least equal importance in evaluating competitive proposals for Federal contracts versus other factors or explain any waivers of such requirement.

Hall, John (NY)


Would require the Director of the Office of Performance Assessment and Root Cause Analysis ("PARCA") to include performance assessments with significant findings in its annual report. It also requires submission of egregious problems (as defined by the PARCA Director) to the Armed Services Committees.

Hare (IL)


Revised Would express the Sense of Congress that the Department of Defense should ensure full compliance throughout the acquisition process with the Berry Amendment and the Buy American Act. Further, the amendment declares the sense of Congress that the Department of Defense not procure products made by manufacturers that violate core labor standards.

Hastings, Alcee (FL)


Would support a diverse workforce development program with respect to career development for civilian and military personnel in the acquisition workforce.

Kanjorski (PA)


Would prohibit the practice known as "bid shopping" in Federal construction and repair contracts and would establish penalties for violations of the prohibition.

Kissell, Larry (NC), Michaud (ME)


Would require that athletic footwear provided to members of the Armed Forces, whether through procurement or by a voucher issued to such a member, shall be subject to the Berry amendment (10 U.S.C. section 2533a).

Kissell, Larry (NC), Michaud (ME)


Would require the Defense Secretary to review items purchased under 37 U.S.C. section 418 (enlisted member clothing allowance) to determine if there is sufficient domestic production of such items to adequately supply members of the Armed Forces. If the Secretary determines domestic production is sufficient, such items shall be considered subject to the Berry amendment (10 U.S.C. section 2533a).

Lipinski (IL)


Would require that the metrics, goals, and standards used in the performance assessments established under the Act reflect the value of domestic sourcing.

Moore, Gwen (WI)


Would specify that assessment metrics required to measure contractor performance include "compliance of such contractors with department policy regarding the use of certain small businesses."

Moore, Gwen (WI)


Would ensure that DOD guidance on developing a capable civilian acquisition workforce include training requirements for personnel that have a focus on increasing DOD compliance with federal policies encouraging full and open competition in the defense acquisition process and others encouraging the involvement of small businesses.

Moore, Gwen (WI)


Would make clear that efforts to develop and sustain a highly-skilled professional acquisition force at DOD must ensure that such workforce is "competently and efficiently able to understand and apply Federal Government regulations and guidance regarding full and open competition in Government acquisitions, including ensuring that small business concerns are afforded an equitable opportunity to compete for all contracts that such concerns can perform consistent with the Government's interest."

Moore, Gwen (WI)


Would require the DOD to examine, in its review of its acquisition guidance, the potential impact of any changes to that guidance called for the bill on “the ability of small businesses (veteran-owned small business, service-disabled veteran-owned small business, small disadvantaged business, and women-owned small business concerns) to pursue opportunities under such a system.”

Murphy, Christopher (CT)


Would specify that Title IV assistance in the legislation (Expansion of the Industrial Base) be limited to firms within the national technology and industrial base, as defined in section 2500(1) of title 10, United States Code.

Quigley (IL), Giffords (AZ), Bartlett (MD)


Would include energy efficiency as one of the metrics that may be used in performance assessment of defense acquisitions, and would include energy efficiency of weapons systems as one of the items considered in the Secretary of Defense’s review of defense acquisition guidance.

Quigley (IL)


Would direct the Cost Assessment and Program Evaluation (CAPE) in its next report to Congress to (1) assess whether and to what extent program cost estimators for major defense acquisition programs are independent and (2) whether a lack of independence affects their ability to generate reliable cost estimates.

Schrader (OR)


Would prohibit the award of contracts for personal services by any DOD component for the purpose of obtaining the services of a senior mentor. Nothing would prohibit DOD from hiring retired generals and flag officers as "senior mentors" under the highly qualified expert provision of 5 U.S.C. section 9903 with additional financial disclosure and conflict of interest requirements in place.

Sessions (TX)


Revised Clarifies that nothing in this bill restricts the current public-private competition requirements that already exist in Title 10 of the United States Code.

Skelton (MO)


Would make various technical corrections to the bill. It also would provide that nothing in contracts for military purpose non-developmental items shall restrict or otherwise affect the rights in technical data of the Government, the contractor, or any subcontractor for items developed by the contractor or subcontractor exclusively at private expense.