I 

116TH CONGRESS 

2D SESSION H. R. 8185 

To require the Comptroller General of the United States to submit a report 

on use of time-and-materials and labor contracts and labor category 

minimums within the Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2020 

Mr. BROWN of Maryland introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To require the Comptroller General of the United States 

to submit a report on use of time-and-materials and 

labor contracts and labor category minimums within the 

Department of Defense, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Over5 sight of Labor Categories in Defense Contracting Act of 

6 2020’’. 


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1 SEC. 2. REPORT ON USE OF TIME-AND-MATERIALS AND 

2 LABOR CONTRACTS AND LABOR CATEGORY 

3 MINIMUMS. 

4 (a) REPORT.—Not later than 240 days after the date 

5 of the enactment of this Act, the Comptroller General of 

6 the United States shall submit to the Committees on 

7 Armed Services of the Senate and the House of Represent8 atives a report on the use of time-and-materials and labor 

9 contracts and labor category minimums within the De10 partment of Defense. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall include the following: 

13 (1) An assessment on the trends in Department 

14 of Defense time-and-materials and labor hour con15 tracts, including— 

16 (A) the frequency of use; 

17 (B) the aggregate and average value; 

18 (C) the proposed and actual value; 

19 (D) the use of labor category minimums 

20 within such contracts; and 

21 (E) the dollar value of such contracts 

22 awarded using FAR Part 12 procedures. 

23 (2) An assessment of the supply and the de24 mand available in the workforce for each labor cat25 egory used in Department of Defense contracts. 


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1 (3) An assessment of the sectors in which tech2 nology has altered the suitability of time-and-mate3 rials and labor hour contracts, including information 

4 technology services, cybersecurity services, audit or 

5 audit readiness services, health care services and 

6 records, telecommunications devices and services, or 

7 other knowledge-based professional services. 

8 (4) An assessment on the feasibility of using 

9 private sector experience to substitute for edu10 cational requirements in Department of Defense 

11 contracts. 

12 (5) Recommendations on improvements that 

13 can be made to the minimum requirements in labor 

14 categories. 

15 (6) Recommendations on changes to Depart16 ment of Defense policy regarding time-and-materials 

17 and labor hour contracts, including actions to limit 

18 or restrict award of such contracts, especially when 

19 utilizing FAR Part 12 procedures. 

20 (7) Any other matters determined by the Comp21 troller General as appropriate. 

22 (c) BRIEFINGS.—Not later than May 1, 2021, the 

23 Comptroller General shall provide to the committees re24 ferred to in subsection (a) one or more briefings on the 

25 status of the study required by subsection (a), including 


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1 any preliminary findings and recommendations of the 

2 Comptroller General as a result of the study as of the date 

3 of such briefing. 

Æ 


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