H. R. 5122—248
(2) the complexity and technical challenge of the program 
is not the result of a failure to meet the requirements estab-
lished in section 2366a of title 10, United States Code. 
(e) JUSTIFICATION
FOR SELECTION
OF CONTRACT TYPE.—As 
modified under subsection (b), the regulations shall require the 
Milestone Decision Authority to document the basis for the contract 
type selected for a program. The documentation shall include an 
explanation of the level of program risk for the program and, 
if the Milestone Decision Authority determines that the level of 
program risk is high, the steps that have been taken to reduce 
program risk and reasons for proceeding with Milestone B approval 
despite the high level of program risk. 
SEC. 819. THREE-YEAR EXTENSION OF REQUIREMENT FOR REPORTS 
ON COMMERCIAL PRICE TREND ANALYSES OF THE 
DEPARTMENT OF DEFENSE. 
Section 803(c)(4) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (10 U.S.C. 2306a note) 
is amended by striking ‘‘2006’’ and inserting ‘‘2009’’. 
SEC. 820. GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION 
FUNCTIONS. 
(a) GOAL.—It shall be the goal of the Department of Defense 
and each of the military departments to ensure that, within five 
years after the date of the enactment of this Act, for each major 
defense acquisition program and each major automated information 
system program, each of the following positions is performed by 
a properly qualified member of the Armed Forces or full-time 
employee of the Department of Defense: 
(1) Program manager. 
(2) Deputy program manager. 
(3) Chief engineer. 
(4) Systems engineer. 
(5) Cost estimator. 
(b) PLAN
OF ACTION.—Not later than six months after the 
date of enactment of this Act, the Secretary of Defense shall develop 
and begin implementation of a plan of action for recruiting, training, 
and ensuring appropriate career development of military and 
civilian personnel to achieve the objective established in subsection 
(a). The plan of action required by this subsection shall include 
specific, measurable interim milestones. 
(c) REPORTS.—Not later than one year after the date of the 
enactment of this Act and each year thereafter, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on the progress made by the Department of Defense and 
the military departments toward achieving the goal established 
in subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘major defense acquisition program’’ has the 
meaning given such term in section 2430(a) of title 10, United 
States Code. 
(2) The term ‘‘major automated information system pro-
gram’’ has the meaning given such term in section 2445a(a) 
of title 10, United States Code (as added by section 816 of 
this Act).
H. R. 5122—249
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 831. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY CONTRACT 
CLOSEOUT AUTHORITY. 
Section 804(d) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended 
by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30, 
2007’’. 
SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF CER-
TAIN SERVICES. 
(a) LIMITATION.—Except as provided in subsection (b), the Sec-
retary of Defense may not enter into a service contract to acquire 
a military flight simulator. 
(b) WAIVER.—The Secretary of Defense may waive subsection 
(a) with respect to a contract if the Secretary—
(1) determines that a waiver is necessary for national secu-
rity purposes; and 
(2) provides to the congressional defense committees an 
economic analysis as described in subsection (c) at least 30 
days before the waiver takes effect. 
(c) ECONOMIC
ANALYSIS.—The economic analysis provided 
under subsection (b) shall include, at a minimum, the following: 
(1) A clear explanation of the need for the contract. 
(2) An examination of at least two alternatives for fulfilling 
the requirements that the contract is meant to fulfill, including 
the following with respect to each alternative: 
(A) A rationale for including the alternative. 
(B) A cost estimate of the alternative and an analysis 
of the quality of each cost estimate. 
(C) A discussion of the benefits to be realized from 
the alternative. 
(D) A best value determination of each alternative 
and a detailed explanation of the life-cycle cost calculations 
used in the determination. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘military flight simulator’’ means any major 
system to simulate the form, fit, and function of a military 
aircraft that has no commonly available commercial variant. 
(2) The term ‘‘service contract’’ means any contract entered 
into by the Department of Defense the principal purpose of 
which is to furnish services in the United States through the 
use of service employees. 
(3) The term ‘‘service employees’’ has the meaning provided 
in section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 
357(b)).
H. R. 5122—250
SEC. 833. USE OF FEDERAL SUPPLY SCHEDULES BY STATE AND LOCAL 
GOVERNMENTS 
FOR 
GOODS 
AND 
SERVICES 
FOR 
RECOVERY FROM NATURAL DISASTERS, TERRORISM, OR 
NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 
ATTACK. 
(a) AUTHORITY TO USE SUPPLY SCHEDULES FOR CERTAIN GOODS 
AND SERVICES.—Section 502 of title 40, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(d) USE OF SUPPLY SCHEDULES FOR CERTAIN GOODS AND SERV-
ICES.—
‘‘(1) IN GENERAL.—The Administrator may provide for the 
use by State or local governments of Federal supply schedules 
of the General Services Administration for goods or services 
that are to be used to facilitate recovery from a major disaster 
declared by the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
or to facilitate recovery from terrorism or nuclear, biological, 
chemical, or radiological attack. 
‘‘(2) DETERMINATION BY SECRETARY OF HOMELAND SECU-
RITY.—The Secretary of Homeland Security shall determine 
which goods and services qualify as goods and services described 
in paragraph (1) before the Administrator provides for the 
use of the Federal supply schedule relating to such goods and 
services. 
‘‘(3) VOLUNTARY USE.—In the case of the use by a State 
or local government of a Federal supply schedule pursuant 
to paragraph (1), participation by a firm that sells to the 
Federal Government through the supply schedule shall be vol-
untary with respect to a sale to the State or local government 
through such supply schedule. 
‘‘(4) DEFINITIONS.—The definitions in subsection (c)(3) shall 
apply for purposes of this subsection.’’. 
(b) PROCEDURES.—Not later than 30 days after the date of 
the enactment of this Act, the Administrator of General Services 
shall establish procedures to implement subsection (d) of section 
502 of title 40, United States Code (as added by subsection (a)). 
SEC. 834. WAIVERS TO EXTEND TASK ORDER CONTRACTS FOR 
ADVISORY AND ASSISTANCE SERVICES. 
(a) DEFENSE CONTRACTS.—
(1) WAIVER AUTHORITY.—The head of an agency may issue 
a waiver to extend a task order contract entered into under 
section 2304b of title 10, United States Code, for a period 
not exceeding 10 years, through five one-year options, if the 
head of the agency determines in writing—
(A) that the contract provides engineering or technical 
services of such a unique and substantial technical nature 
that award of a new contract would be harmful to the 
continuity of the program for which the services are per-
formed; 
(B) that award of a new contract would create a large 
disruption in services provided to the Department of 
Defense; and 
(C) that the Department of Defense would, through 
award of a new contract, endure program risk during crit-
ical program stages due to loss of program corporate knowl-
edge of ongoing program activities.
H. R. 5122—251
(2) DELEGATION.—The authority of the head of an agency 
under paragraph (1) may be delegated only to the senior 
procurement executive of the agency. 
(3) REPORT.—Not later than April 1, 2007, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on 
advisory and assistance services. The report shall include the 
following information: 
(A) The methods used by the Department of Defense 
to identify a contract as an advisory and assistance services 
contract, as defined in section 2304b of title 10, United 
States Code. 
(B) The number of such contracts awarded by the 
Department during the five-year period preceding the date 
of the enactment of this Act. 
(C) The average annual expenditures by the Depart-
ment for such contracts. 
(D) The average length of such contracts. 
(E) The number of such contracts recompeted and 
awarded to the previous award winner. 
(4) PROHIBITION
ON
USE
OF
AUTHORITY
BY
DEPARTMENT 
OF DEFENSE IF REPORT NOT SUBMITTED.—The head of an agency 
may not issue a waiver under paragraph (1) if the report 
required by paragraph (3) is not submitted by the date set 
forth in that paragraph. 
(b) CIVILIAN AGENCY CONTRACTS.—
(1) WAIVER AUTHORITY.—The head of an executive agency 
may issue a waiver to extend a task order contract entered 
into under section 303I of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253i) for a period not 
exceeding 10 years, through five one-year options, if the head 
of the agency determines in writing—
(A) that the contract provides engineering or technical 
services of such a unique and substantial technical nature 
that award of a new contract would be harmful to the 
continuity of the program for which the services are per-
formed; 
(B) that award of a new contract would create a large 
disruption in services provided to the executive agency; 
and 
(C) that the executive agency would, through award 
of a new contract, endure program risk during critical 
program stages due to loss of program corporate knowledge 
of ongoing program activities. 
(2) DELEGATION.—The authority of the head of an executive 
agency under paragraph (1) may be delegated only to the Chief 
Acquisition Officer of the agency (or the senior procurement 
executive in the case of an agency for which a Chief Acquisition 
Officer has not been appointed or designated under section 
16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 
414(a))). 
(3) REPORT.—Not later than April 1, 2007, the Adminis-
trator for Federal Procurement Policy shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Government Reform of the House 
of Representatives a report on advisory and assistance services. 
The report shall include the following information: