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Sec. 802. Report to Congress on evolutionary acquisition of major defense acquisi-
tion programs.
Sec. 803. Spiral development under major defense acquisition programs.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Performance goals for procuring services pursuant to multiple award con-
tracts.
Sec. 806. Rapid acquisition and deployment procedures.
Sec. 807. Quick-reaction special projects acquisition team.
Subtitle B—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Limitation period for task and delivery order contracts.
Sec. 812. One-year extension of program applying simplified procedures to certain
commercial items; report.
Sec. 813. Extension and improvement of personnel demonstration policies and pro-
cedures applicable to the civilian acquisition workforce.
Sec. 814. Past performance given significant weight in renewal of procurement
technical assistance cooperative agreements.
Sec. 815. Increased maximum amount of assistance for tribal organizations or eco-
nomic enterprises carrying out procurement technical assistance pro-
grams in two or more service areas.
Sec. 816. Extension of contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 817. Grants of exceptions to cost or pricing data certification requirements and
waivers of cost accounting standards.
Sec. 818. Timing of certification in connection with waiver of survivability and
lethality testing requirements.
Sec. 819. Contracting with Federal Prison Industries.
Sec. 820. Revisions to multiyear contracting authority.
Subtitle C—Acquisition-Related Reports and Other Matters
Sec. 821. Evaluation of training, knowledge, and resources regarding negotiation of
intellectual property arrangements.
Sec. 822. Independent technology readiness assessments.
Sec. 823. Extension and amendment of requirement for annual report on defense
commercial pricing management improvement.
Sec. 824. Assessment of purchases of products and services through contracts with
other Federal departments and agencies.
Sec. 825. Repeal of certain requirements and Comptroller General reviews of the
requirements.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen tetroxide, hy-
drazine, and hydrazine-related products.
Sec. 827. Multiyear procurement authority for environmental services for military
installations.
Sec. 828. Report on effects of Army Contracting Agency.
Sec. 829. Authorization to take actions to correct the industrial resource shortfall
for radiation-hardened electronics.
Subtitle A—Acquisition Policy and
Management
SEC. 801. BUY-TO-BUDGET ACQUISITION OF END ITEMS.
(a) AUTHORITY.—(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2307 the following
new section:
‘‘§ 2308. Buy-to-budget acquisition: end items
‘‘(a) AUTHORITY TO ACQUIRE ADDITIONAL END ITEMS.—Using
funds available to the Department of Defense for the acquisition
of an end item, the head of an agency making the acquisition
may acquire a higher quantity of the end item than the quantity
specified for the end item in a law providing for the funding of
that acquisition if that head of an agency makes each of the fol-
lowing findings:
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‘‘(1) The agency has an established requirement for the
end item that is expected to remain substantially unchanged
throughout the period of the acquisition.
‘‘(2) It is possible to acquire the higher quantity of the
end item without additional funding because of production effi-
ciencies or other cost reductions.
‘‘(3) The amount of the funds used for the acquisition
of the higher quantity of the end item will not exceed the
amount provided under that law for the acquisition of the
end item.
‘‘(4) The amount so provided is sufficient to ensure that
each unit of the end item acquired within the higher quantity
is fully funded as a complete end item.
‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for the administration of this section. The regulations
shall include, at a minimum, the following:
‘‘(1) The level of approval within the Department of Defense
that is required for a decision to acquire a higher quantity
of an end item under subsection (a).
‘‘(2) Authority (subject to subsection (a)) to acquire up
to 10 percent more than the quantity of an end item approved
in a justification and approval of the use of procedures other
than competitive procedures for the acquisition of the end item
under section 2304 of this title.
‘‘(c) NOTIFICATION OF CONGRESS.—The head of an agency is
not required to notify Congress in advance regarding a decision
under the authority of this section to acquire a higher quantity
of an end item than is specified in a law described in subsection
(a), but shall notify the congressional defense committees of the
decision not later than 30 days after the date of the decision.
‘‘(d) WAIVER BY OTHER LAW.—A provision of law may not be
construed as prohibiting the acquisition of a higher quantity of
an end item under this section unless that provision of law—
‘‘(1) specifically refers to this section; and
‘‘(2) specifically states that the acquisition of the higher
quantity of the end item is prohibited notwithstanding the
authority provided in this section.
‘‘(e) DEFINITIONS.—(1) For the purposes of this section, a
quantity of an end item shall be considered specified in a law
if the quantity is specified either in a provision of that law or
in any related representation that is set forth separately in a
table, chart, or explanatory text included in a joint explanatory
statement or governing committee report accompanying the law.
‘‘(2) In this section:
‘‘(A) The term ‘congressional defense committees’
means—
‘‘(i) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
‘‘(ii) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
‘‘(B) The term ‘end item’ means a production product
assembled, completed, and ready for issue or deployment.
‘‘(C) The term ‘head of an agency’ means the Secretary
of Defense, the Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force.’’.
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(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2307
the following new item:
‘‘2308. Buy-to-budget acquisition: end items.’’.
(b) TIME FOR ISSUANCE OF FINAL REGULATIONS.—The Secretary
of Defense shall issue the final regulations under section 2308(b)
of title 10, United States Code (as added by subsection (a)), not
later than 120 days after the date of the enactment of this Act.
SEC. 802. REPORT TO CONGRESS ON EVOLUTIONARY ACQUISITION
OF MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) REPORT REQUIRED.—(1) Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
approach that the Secretary plans to take to apply the requirements
listed in paragraph (2) to major defense acquisition programs that
follow the evolutionary acquisition process.
(2) The requirements referred to in paragraph (1) are—
(A) the requirements of chapter 144 of title 10, United
States Code;
(B) sections 139, 181, 2366, 2399, and 2400 of such title;
(C) Department of Defense Directive 5000.1;
(D) Department of Defense Instruction 5000.2;
(E) Chairman of the Joint Chiefs of Staff Instruction
3170.01B; and
(F) other provisions of law and regulations (including suc-
cessor documents) that are applicable to such programs.
(b) CONTENT OF REPORT.—The report shall, at a minimum,
address the following matters:
(1) The manner in which the Secretary plans to establish
and approve, for each increment of an evolutionary acquisition
process—
(A) operational requirements; and
(B) cost and schedule goals.
(2) The manner in which the Secretary plans, for each
increment of an evolutionary acquisition process—
(A) to meet requirements for operational testing and
live fire testing;
(B) to monitor cost and schedule performance; and
(C) to comply with laws requiring reports to Congress
on results testing and on cost and schedule performance.
(3) The manner in which the Secretary plans to ensure
that each increment of an evolutionary acquisition process is
designed—
(A) to achieve interoperability within and among
United States forces and United States coalition partners;
and
(B) to optimize total system performance and minimize
total ownership costs by giving appropriate consideration
to—
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety, occupational
health, accessibility, survivability, operational con-
tinuity, and security factors;
(iv) protection of critical program information; and
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(v) spectrum management.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘evolutionary acquisition process’’ means a
process by which an acquisition program is conducted through
discrete phases or blocks, with each phase or block consisting
of the planned definition, development, production or acquisi-
tion, and fielding of hardware or software that provides oper-
ationally useful capability.
(2) The term ‘‘increment’’, with respect to an evolutionary
acquisition program, means one of the discrete phases or blocks
of such program.
(3) The term ‘‘major defense acquisition program’’ has the
meaning given such term in section 139(a)(2)(B) of title 10,
United States Code.
SEC. 803. SPIRAL DEVELOPMENT UNDER MAJOR DEFENSE ACQUISI-
TION PROGRAMS.
(a) AUTHORITY.—The Secretary of Defense is authorized to con-
duct major defense acquisition programs as spiral development
programs.
(b) LIMITATION
ON
SPIRAL
DEVELOPMENT
PROGRAMS.—A
research and development program for a major defense acquisition
program of a military department or Defense Agency may not
be conducted as a spiral development program unless the Secretary
of Defense approves the spiral development plan for that research
and development program in accordance with subsection (c). The
Secretary of Defense may delegate authority to approve the plan
to the Under Secretary of Defense for Acquisition, Technology,
and Logistics, or to the senior acquisition executive of the military
department or Defense Agency concerned, but such authority may
not be further delegated.
(c) SPIRAL DEVELOPMENT PLANS.—A spiral development plan
for a research and development program for a major defense acquisi-
tion program shall, at a minimum, include the following matters:
(1) A rationale for dividing the research and development
program into separate spirals, together with a preliminary
identification of the spirals to be included.
(2) A program strategy, including overall cost, schedule,
and performance goals for the total research and development
program.
(3) Specific cost, schedule, and performance parameters,
including measurable exit criteria, for the first spiral to be
conducted.
(4) A testing plan to ensure that performance goals, param-
eters, and exit criteria are met.
(5) An appropriate limitation on the number of prototype
units that may be produced under the research and develop-
ment program.
(6) Specific performance parameters, including measurable
exit criteria, that must be met before the major defense acquisi-
tion program proceeds into production of units in excess of
the limitation on the number of prototype units.
(d) GUIDANCE.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
for the implementation of spiral development programs authorized
by this section. The guidance shall include appropriate processes
for ensuring the independent validation of exit criteria being met,