out a program to provide opportunities to provide 
cost-savings on nondevelopmental items. 
(2) SAVINGS.—The program, to be known as 
the Acquisition Savings Program, shall provide any 
person or activity within or outside the Department 
of Defense with the opportunity to offer a proposal 
to provide savings in excess of 15 percent, to be 
known as an acquisition savings proposal, for cov-
ered contracts. 
(3) SUNSET.—The program shall cease to be 
required on September 30, 2013. 
(b) 
QUALIFYING
ACQUISITION
SAVINGS
PRO-
POSALS.—A proposal shall qualify as an acquisition sav-
ings proposal for purposes of this section if it offers to 
supply a nondevelopmental item that is identical to, or 
equivalent to (under a performance specification or rel-
evant commercial standard), an item being procured under 
a covered contract. 
(c) REVIEW BY CONTRACTING OFFICER.—Each ac-
quisition savings proposal shall be reviewed by the con-
tracting officer for the covered contract concerned to de-
termine if such proposal qualifies under this section and 
to calculate the savings provided by such proposal. 
(d) ACTIONS UPON FAVORABLE REVIEW.—If the 
contracting officer for a covered contract determines after
review of an acquisition savings proposal that the proposal 
would provide an identical or equivalent nondevelopmental 
item at a savings in excess of 15 percent, and that a con-
tract award to the offeror of the proposal would not result 
in the violation of a minimum purchase agreement or oth-
erwise cause a breach of contract for the covered contract, 
the contracting officer may make an award under the cov-
ered contract to the offeror of the acquisition savings pro-
posal or otherwise award a contract for the nondevelop-
mental item concerned to such offeror. 
(e) ACTIONS UPON UNFAVORABLE REVIEW.—If a 
contracting officer determines after review of an acquisi-
tion savings proposal that the proposal would not satisfy 
the requirements of this section, the contracting officer 
shall debrief the person or activity offering such proposal 
within 30 days after completion of the review. 
(f) REPORT.—Not later than March 1, 2013, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report regarding the program, including the num-
ber of acquisition savings proposals submitted, the number 
favorably reviewed, the cumulative savings, and any fur-
ther recommendations for the program. 
(g) DEFINITIONS.—In this section:
(1) NONDEVELOPMENTAL
ITEM.—The term 
‘‘nondevelopmental item’’ has the meaning provided 
for such term in section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403). 
(2) COVERED CONTRACT.—The term ‘‘covered 
contract’’— 
(A) means an indefinite delivery indefinite 
quantity contract for property as defined in sec-
tion 2304d(2) of title 10, United States Code; 
and 
(B) does not include any contract awarded 
under an exception to competitive acquisition 
authorized by the Small Business Act (15 
U.S.C. 631 et seq.) 
(3) PERFORMANCE SPECIFICATION.—The term 
‘‘performance specification’’ means a specification of 
required item functional characteristics. 
(4) COMMERCIAL STANDARD.—The term ‘‘com-
mercial standard’’ means a standard used in indus-
try promulgated by an accredited standards organi-
zations that is not a Federal entity.
SEC. 409. SENSE OF CONGRESS REGARDING COMPLIANCE 
WITH THE BERRY AMENDMENT, THE BUY 
AMERICAN ACT, AND LABOR STANDARDS OF 
THE UNITED STATES. 
In order to create jobs, level the playing field for do-
mestic manufacturers, and strengthen economic recovery, 
it is the sense of Congress that the Department of Defense 
should— 
(1) ensure full contractor and subcontractor 
compliance with the Berry Amendment (10 U.S.C. 
2533a) and the Buy American Act (41 U.S.C. 10a 
et seq.); and 
(2) not procure products made by manufactur-
ers in the United States that violate labor standards 
as defined under the laws of the United States. 
SEC. 410. INDUSTRIAL BASE COUNCIL AND FUND. 
(a) INDUSTRIAL BASE COUNCIL.— 
(1) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 188. Industrial Base Council 
‘‘(a) COUNCIL ESTABLISHED.—There is in the De-
partment of Defense an Industrial Base Council. 
‘‘(b) MISSION.—The mission of the Industrial Base 
Council is to assist the Secretary in all matters pertaining 
to the industrial base of the Department of Defense, in-