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(A) REFERRAL TO ATTORNEY GENERAL.— 
The Commission may refer to the Attorney 
General any violation or potential violation of 
law identified by the Commission in carrying 
out its duties under this section. 
(B) REPORTS
ON
RESULTS
OF
REFER-
RAL.—The Attorney General shall submit to 
Congress a report on each prosecution, convic-
tion, resolution, or other disposition that results 
from a referral made under this subparagraph. 
(f) TERMINATION.—The Commission shall terminate 
on the date that is 60 days after the date of the submittal 
of its final report under subsection (d)(3). 
(g) DEFINITIONS.—In this section: 
(1) CONTINGENCY
CONTRACTING.—The term 
‘‘contingency contracting’’ means all stages of the 
process of acquiring property or services during a 
contingency operation. 
(2) 
CONTINGENCY
OPERATION.—The 
term 
‘‘contingency operation’’ has the meaning given that 
term in section 101 of title 10, United States Code. 
(3) CONTINGENCY PROGRAM MANAGEMENT.— 
The term ‘‘contingency program management’’ 
means the process of planning, organizing, staffing, 
controlling, and leading the combined efforts of par-
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ticipating personnel for the management of a spe-
cific acquisition program or programs during contin-
gency operations. 
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE 
IN WARTIME CONTRACTS AND CONTRACTING 
PROCESSES IN IRAQ AND AFGHANISTAN. 
(a) AUDITS REQUIRED.—Thorough audits shall be 
performed in accordance with this section to identify po-
tential waste, fraud, and abuse in the performance of— 
(1) Department of Defense contracts, sub-
contracts, and task and delivery orders for the 
logistical support of coalition forces in Iraq and Af-
ghanistan; and 
(2) Federal agency contracts, subcontracts, and 
task and delivery orders for the performance of secu-
rity and reconstruction functions in Iraq and Af-
ghanistan. 
(b) AUDIT PLANS.— 
(1) The Department of Defense Inspector Gen-
eral shall develop a comprehensive plan for a series 
of audits of contracts, subcontracts, and task and 
delivery orders covered by subsection (a)(1), con-
sistent with the requirements of subsection (g), in 
consultation with other Inspectors General specified 
in subsection (c) with regard to any contracts, sub-
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contracts, or task or delivery orders over which such 
Inspectors General have jurisdiction. 
(2) The Special Inspector General for Iraq Re-
construction shall develop a comprehensive plan for 
a series of audits of contracts, subcontracts, and 
task and delivery orders covered by subsection (a)(2) 
relating to Iraq, consistent with the requirements of 
subsection (h), in consultation with other Inspectors 
General specified in subsection (c) with regard to 
any contracts, subcontracts, or task or delivery or-
ders over which such Inspectors General have juris-
diction. 
(3) The Special Inspector General for Afghani-
stan Reconstruction shall develop a comprehensive 
plan for a series of audits of contracts, subcontracts, 
and task and delivery orders covered by subsection 
(a)(2) relating to Afghanistan, consistent with the 
requirements of subsection (h), in consultation with 
other Inspectors General specified in subsection (c) 
with regard to any contracts, subcontracts, or task 
or delivery orders over which such Inspectors Gen-
eral have jurisdiction. 
(c) PERFORMANCE OF AUDITS BY CERTAIN INSPEC-
TORS GENERAL.—The Special Inspector General for Iraq 
Reconstruction, during such period as such office exists, 
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the Special Inspector General for Afghanistan Reconstruc-
tion, during such period as such office exists, the Inspector 
General of the Department of Defense, the Inspector Gen-
eral of the Department of State, and the Inspector Gen-
eral of the United States Agency for International Devel-
opment shall perform such audits as required by sub-
section (a) and identified in the audit plans developed pur-
suant to subsection (b) as fall within the respective scope 
of their duties as specified in law. 
(d) COORDINATION
OF AUDITS.—The Inspectors 
General specified in subsection (c) shall work to coordinate 
the performance of the audits required by subsection (a) 
and identified in the audit plans developed under sub-
section (b) including through councils and working groups 
composed of such Inspectors General. 
(e) JOINT AUDITS.—If one or more audits required 
by subsection (a) and identified in an audit plan developed 
under subsection (b) falls within the scope of the duties 
of more than one of the Inspectors General specified in 
subsection (c), and such Inspectors General agree that 
such audit or audits are best pursued jointly, such Inspec-
tors General shall enter into a memorandum of under-
standing relating to the performance of such audit or au-
dits. 
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(f) SEPARATE AUDITS.—If one or more audits re-
quired by subsection (a) and identified in an audit plan 
developed under subsection (b) falls within the scope of 
the duties of more than one of the Inspectors General 
specified in subsection (c), and such Inspectors General 
do not agree that such audit or audits are best pursued 
jointly, such audit or audits shall be separately performed 
by one or more of the Inspectors General concerned. 
(g) SCOPE OF AUDITS OF CONTRACTS.—Audits con-
ducted pursuant to subsection (a)(1) shall examine, at a 
minimum, one or more of the following issues: 
(1) The manner in which contract requirements 
were developed. 
(2) The procedures under which contracts or 
task or delivery orders were awarded. 
(3) The terms and conditions of contracts or 
task or delivery orders. 
(4) The staffing and method of performance of 
contractors, including cost controls. 
(5) The efficacy of Department of Defense 
management and oversight, including the adequacy 
of staffing and training of officials responsible for 
such management and oversight. 
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(6) The flow of information from contractors to 
officials responsible for contract management and 
oversight. 
(h) SCOPE OF AUDITS OF OTHER CONTRACTS.—Au-
dits conducted pursuant to subsection (a)(2) shall exam-
ine, at a minimum, one or more of the following issues: 
(1) The manner in which contract requirements 
were developed and contracts or task and delivery 
orders were awarded. 
(2) The manner in which the Federal agency 
exercised control over the performance of contrac-
tors. 
(3) The extent to which operational field com-
manders were able to coordinate or direct the per-
formance of contractors in an area of combat oper-
ations. 
(4) The degree to which contractor employees 
were properly screened, selected, trained, and 
equipped for the functions to be performed. 
(5) The nature and extent of any incidents of 
misconduct or unlawful activity by contractor em-
ployees. 
(6) The nature and extent of any activity by 
contractor employees that was inconsistent with the 
objectives of operational field commanders. 
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(7) The extent to which any incidents of mis-
conduct or unlawful activity were reported, docu-
mented, investigated, and (where appropriate) pros-
ecuted. 
(i) INDEPENDENT
CONDUCT
OF
AUDIT
FUNC-
TIONS.—All audit functions under this section, including 
audit planning and coordination, shall be performed by the 
relevant Inspectors General in an independent manner, 
without consultation with the Commission established pur-
suant to section 841 of this Act. All audit reports resulting 
from such audits shall be available to the Commission. 
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR 
TASK AND DELIVERY ORDER CONTRACTS. 
(a) DEFENSE CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CON-
TRACTS.—Section 2304a(d) of title 10, United 
States Code, is amended— 
(A) by redesignating paragraph (3) as 
paragraph (4); and 
(B) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an 
amount estimated to exceed $100,000,000 (including all 
options) may be awarded to a single source unless the 
head of the agency determines in writing that— 
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‘‘(i) the task or delivery orders expected under 
the contract are so integrally related that only a sin-
gle source can reasonably perform the work; 
‘‘(ii) the contract provides only for firm, fixed 
price task orders or delivery orders for— 
‘‘(I) products for which unit prices are es-
tablished in the contract; or 
‘‘(II) services for which prices are estab-
lished in the contract for the specific tasks to 
be performed; 
‘‘(iii) only one source is qualified and capable of 
performing the work at a reasonable price to the 
government; or 
‘‘(iv) because of exceptional circumstances, it is 
necessary in the public interest to award the con-
tract to a single source. 
‘‘(B) The head of the agency shall notify Congress 
within 30 days after any determination under subpara-
graph (A)(iv).’’. 
(2) ENHANCED COMPETITION FOR ORDERS IN 
EXCESS OF $5,000,000.—Section 2304c of such title 
is amended— 
(A) by redesignating subsections (d), (e), 
and (f) as subsections (e), (f), and (g), respec-
tively; 
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(B) by inserting after subsection (c) the 
following new subsection (d): 
‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX-
CESS OF $5,000,000.—In the case of a task or delivery 
order in excess of $5,000,000, the requirement to provide 
all contractors a fair opportunity to be considered under 
subsection (b) is not met unless all such contractors are 
provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that 
includes a clear statement of the agency’s require-
ments; 
‘‘(2) a reasonable period of time to provide a 
proposal in response to the notice; 
‘‘(3) disclosure of the significant factors and 
subfactors, including cost or price, that the agency 
expects to consider in evaluating such proposals, and 
their relative importance; 
‘‘(4) in the case of an award that is to be made 
on a best value basis, a written statement docu-
menting the basis for the award and the relative im-
portance of quality and price or cost factors; and 
‘‘(5) an opportunity for a post-award debriefing 
consistent 
with 
the 
requirements 
of 
section 
2305(b)(5) of this title.’’; and 
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HR 4986 RDS 
(C) by striking subsection (e), as redesig-
nated by paragraph (1), and inserting the fol-
lowing new subsection (e): 
‘‘(e) PROTESTS.—(1) A protest is not authorized in 
connection with the issuance or proposed issuance of a 
task or delivery order except for— 
‘‘(A) a protest on the ground that the order in-
creases the scope, period, or maximum value of the 
contract under which the order is issued; or 
‘‘(B) a protest of an order valued in excess of 
$10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, the 
Comptroller General of the United States shall have exclu-
sive jurisdiction of a protest authorized under paragraph 
(1)(B). 
‘‘(3) This subsection shall be in effect for three years, 
beginning on the date that is 120 days after the date of 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The 
amendments made by paragraph (1) shall take 
effect on the date that is 120 days after the 
date of the enactment of this Act, and shall 
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apply with respect to any contract awarded on 
or after such date. 
(B) ORDERS IN EXCESS OF $5,000,000.— 
The amendments made by paragraph (2) shall 
take effect on the date that is 120 days after 
the date of the enactment of this Act, and shall 
apply with respect to any task or delivery order 
awarded on or after such date. 
(b) CIVILIAN AGENCY CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CON-
TRACTS.—Section 303H(d) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 
253h(d)) is amended— 
(A) by redesignating paragraph (3) as 
paragraph (4); and 
(B) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an 
amount estimated to exceed $100,000,000 (including all 
options) may be awarded to a single source unless the 
head of the executive agency determines in writing that— 
‘‘(i) the task or delivery orders expected under 
the contract are so integrally related that only a sin-
gle source can reasonably perform the work; 
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‘‘(ii) the contract provides only for firm, fixed 
price task orders or delivery orders for— 
‘‘(I) products for which unit prices are es-
tablished in the contract; or 
‘‘(II) services for which prices are estab-
lished in the contract for the specific tasks to 
be performed; 
‘‘(iii) only one source is qualified and capable of 
performing the work at a reasonable price to the 
government; or 
‘‘(iv) because of exceptional circumstances, it is 
necessary in the public interest to award the con-
tract to a single source. 
‘‘(B) The head of the executive agency shall notify 
Congress within 30 days after any determination under 
subparagraph (A)(iv).’’. 
(2) ENHANCED COMPETITION FOR ORDERS IN 
EXCESS OF $5,000,000.—Section 303J of such Act 
(41 U.S.C. 253j) is amended— 
(A) by redesignating subsections (d), (e), 
and (f) as subsections (e), (f), and (g), respec-
tively; 
(B) by inserting after subsection (c) the 
following new subsection (d): 
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‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX-
CESS OF $5,000,000.—In the case of a task or delivery 
order in excess of $5,000,000, the requirement to provide 
all contractors a fair opportunity to be considered under 
subsection (b) is not met unless all such contractors are 
provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that 
includes a clear statement of the executive agency’s 
requirements; 
‘‘(2) a reasonable period of time to provide a 
proposal in response to the notice; 
‘‘(3) disclosure of the significant factors and 
subfactors, including cost or price, that the executive 
agency expects to consider in evaluating such pro-
posals, and their relative importance; 
‘‘(4) in the case of an award that is to be made 
on a best value basis, a written statement docu-
menting the basis for the award and the relative im-
portance of quality and price or cost factors; and 
‘‘(5) an opportunity for a post-award debriefing 
consistent 
with 
the 
requirements 
of 
section 
303B(e).’’; and 
(C) by striking subsection (e), as redesig-
nated by paragraph (1), and inserting the fol-
lowing new subsection (e): 
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‘‘(e) PROTESTS.—(1) A protest is not authorized in 
connection with the issuance or proposed issuance of a 
task or delivery order except for— 
‘‘(A) a protest on the ground that the order in-
creases the scope, period, or maximum value of the 
contract under which the order is issued; or 
‘‘(B) a protest of an order valued in excess of 
$10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, United 
States Code, the Comptroller General of the United States 
shall have exclusive jurisdiction of a protest authorized 
under paragraph (1)(B). 
‘‘(3) This subsection shall be in effect for three years, 
beginning on the date that is 120 days after the date of 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The 
amendments made by paragraph (1) shall take 
effect on the date that is 120 days after the 
date of the enactment of this Act, and shall 
apply with respect to any contract awarded on 
or after such date. 
(B) ORDERS IN EXCESS OF $5,000,000.— 
The amendments made by paragraph (2) shall 
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HR 4986 RDS 
take effect on the date that is 120 days after 
the date of the enactment of this Act, and shall 
apply with respect to any task or delivery order 
awarded on or after such date. 
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP-
PROVAL DOCUMENTS FOR NONCOMPETITIVE 
CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN GENERAL.—Section 303 of the Federal 
Property and Administrative Services Act of 1949 
(41 U.S.C. 253) is amended by adding at the end 
the following new subsection: 
‘‘(j)(1)(A) Except as provided in subparagraph (B), 
in the case of a procurement permitted by subsection (c), 
the head of an executive agency shall make publicly avail-
able, within 14 days after the award of the contract, the 
documents containing the justification and approval re-
quired by subsection (f)(1) with respect to the procure-
ment. 
‘‘(B) In the case of a procurement permitted by sub-
section (c)(2), subparagraph (A) shall be applied by sub-
stituting ‘30 days’ for ‘14 days’. 
‘‘(2) The documents shall be made available on the 
website of the agency and through a government-wide 
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website selected by the Administrator for Federal Procure-
ment Policy. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5, United States Code.’’. 
(2) CONFORMING AMENDMENT.—Section 303(f) 
of such Act is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as 
paragraph (4). 
(b) DEFENSE AGENCY CONTRACTS.— 
(1) IN
GENERAL.—Section 2304 of title 10, 
United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(l)(1)(A) Except as provided in subparagraph (B), 
in the case of a procurement permitted by subsection (c), 
the head of an agency shall make publicly available, within 
14 days after the award of the contract, the documents 
containing the justification and approval required by sub-
section (f)(1) with respect to the procurement. 
‘‘(B) In the case of a procurement permitted by sub-
section (c)(2), subparagraph (A) shall be applied by sub-
stituting ‘30 days’ for ‘14 days’. 
‘‘(2) The documents shall be made available on the 
website of the agency and through a government-wide 
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ments to assign staff, as necessary to assist the Board 
in carrying out its duties. 
(d) FUNCTIONS.—The Board shall provide inde-
pendent assessments of materiel readiness, materiel readi-
ness shortfalls, and materiel readiness plans to the Sec-
retary of Defense and the Congress. To carry out such 
functions, the Board shall— 
(1) monitor and assess the materiel readiness of 
the Armed Forces; 
(2) assist the Secretary of Defense in the iden-
tification of deficiencies in the materiel readiness of 
the Armed Forces caused by shortfalls in weapons 
systems, equipment, and supplies; 
(3) identify shortfalls in materiel readiness, in-
cluding critical materiel readiness shortfalls, for pur-
poses of the Secretary’s designations under section 
872 and the funding needed to address such short-
falls; 
(4) assess the adequacy of current Department 
of Defense plans, policies, and programs to address 
shortfalls in materiel readiness, including critical 
materiel readiness shortfalls (as designated by the 
Secretary under section 872), and to sustain and im-
prove materiel readiness; 
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