I 

113TH CONGRESS 

2D SESSION H. R. 5211 

To amend section 811 of Public Law 111–84 to apply that section to all 

contractors for all sole-source contracts exceeding $20,000,000. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2014 

Mr. YOUNG of Alaska (for himself and Ms. HANABUSA) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend section 811 of Public Law 111–84 to apply that 

section to all contractors for all sole-source contracts 

exceeding $20,000,000. 

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

3 SECTION 1. AMENDMENTS TO JUSTIFICATION AND AP4 PROVAL REQUIREMENTS RELATED TO CER5 TAIN SOLE-SOURCE CONTRACTS. 

6 (a) EXPANSION OF SOLE-SOURCE CONTRACTS COV7 ERED.—Paragraph (1) of section 811(c) of the National 

8 Defense Authorization Act for Fiscal Year 2010 (Public 


jbell on DSK4SPTVN1PROD with BILLS
2 

•HR 5211 IH

1 Law 111–84; 123 Stat. 2405; 41 U.S.C. 3304 note) is 

2 amended to read as follows: 

3 ‘‘(1) COVERED PROCUREMENT.—The term ‘cov4 ered procurement’ means either of the following: 

5 ‘‘(A) A procurement covered by chapter 

6 137 of title 10, United States Code. 

7 ‘‘(B) A procurement covered by division C 

8 of subtitle I of title 41, United States Code.’’. 

9 (b) TREATMENT OF OTHER JUSTIFICATION AND AP10 PROVAL ACTIONS.—Section 811 of such Act is further 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(d) TREATMENT OF OTHER JUSTIFICATION AND

14 APPROVAL ACTIONS.—In the case of any contract for 

15 which a justification and approval is required under sec16 tion 2304(f) of title 10, United States Code, or section 

17 3304(e) of title 41, United States Code, a justification and 

18 approval meeting the requirements of such section shall 

19 be treated as meeting the requirements of this section for 

20 purposes of the award of a sole-source contract.’’. 

21 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Section 811 of such Act is further amended— 

23 (1) in subsection (a), by striking ‘‘Not later 

24 than 180 days after the date of the enactment of 


jbell on DSK4SPTVN1PROD with BILLS
3 

•HR 5211 IH

1 this Act, the Federal Acquisition Regulation shall be 

2 revised to provide that the’’ and inserting ‘‘The’’; 

3 (2) in subsection (a)(3), by striking ‘‘sections 

4 303(f)(1)(C) and 303(j) of the Federal Property and 

5 Administrative Services Act of 1949 (41 U.S.C. 

6 253(f)(1)(C) and 253(j))’’ and inserting ‘‘sections 

7 3304(e)(1)(C) and 3304(f) of title 41, United States 

8 Code’’; 

9 (3) in subsection (c)— 

10 (A) in paragraph (2)(B), by striking ‘‘sec11 tion 309(a)’’ and all that follows through the 

12 period at the end and inserting ‘‘section 151 of 

13 title 41, United States Code.’’; and 

14 (B) in paragraph (3)(B), by striking ‘‘sec15 tion 303(f)(1)(B)’’ and all that follows through 

16 the period at the end and inserting ‘‘section 

17 3304(e)(1)(B) of title 41, United States Code.’’; 

18 and 

19 (4) by adding at the end the following new sub20 section: 

21 ‘‘(e) REGULATIONS.—The Federal Acquisition Regu22 lation shall be revised to implement this section.’’. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS