H. Res. 1300: H.R. 5013 - Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday, April 27, 2010.
FLOOR ACTION: ADOPTED BY A VOICE VOTE on Wednesday, April 28, 2010. 

MANAGERS:Slaughter/Foxx

111th Congress 
2nd Session

H.RES 1300

[Report No. 111-467]

 

H.R. 5013 - Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

1.          Structured Rule 

2.         Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services.

3.         Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4.         Provides that the amendment in the nature of a substitute recommended by the Committee on Armed Services shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5.         Waives all points of order against the amendment in the nature of a substitute except those arising under clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6.         No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.         Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.

8.         Provides one motion to recommit with or without instructions.       

9.         Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Armed Services or a designee.

10.       Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

RESOLUTION

                        Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5013) to amend title 10, United States Code, to provide for performance management of the defense acquisition system, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

 

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Armed Services or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Skelton (MO)

#9

Would make various technical corrections to the bill. It also would provide that nothing in contracts for military purpose non-developmental items shall restrict or otherwise affect the rights in technical data of the Government, the contractor, or any subcontractor for items developed by the contractor or subcontractor exclusively at private expense.

(10 minutes)

2. Sessions (TX)

#3

(REVISED) Would provide that nothing in the Act or amendments made by it shall be construed to affect the competition requirements of 10 U.S.C. 2304 (contract competition requirements).

(10 minutes)

3. Hastings , Alcee (FL)

#14

Would support a diverse workforce development program with respect to career development for civilian and military personnel in the acquisition workforce.

(10 minutes)

4. Hall, John (NY)

#2

Would require the Director of the Office of Performance Assessment and Root Cause Analysis ("PARCA") to include performance assessments with significant findings in its annual report. It also requires submission of egregious problems (as defined by the PARCA Director) to the Armed Services Committees.

(10 minutes)

5. Edwards, Donna (MD)

#25

Would direct the DOD to engage in outreach to businesses in the vicinity of DOD installations to notify them of opportunities to obtain contracts and subcontracts to perform work at such installations.

(10 minutes)

6. Moore, Gwen (WI)

#5

Would specify that assessment metrics required to measure contractor performance include "compliance of such contractors with department policy regarding the use of certain small businesses."

(10 minutes)

7. Murphy, Christopher (CT)

#10

Would specify that Title IV assistance in the legislation (Expansion of the Industrial Base) be limited to firms within the national technology and industrial base, as defined in section 2500(1) of title 10, United States Code.

(10 minutes)

8. Quigley (IL), Giffords (AZ), Bartlett (MD)

#12

Would include energy efficiency as one of the metrics that may be used in performance assessment of defense acquisitions, and would include energy efficiency of weapons systems as one of the items considered in the Secretary of Defense’s review of defense acquisition guidance.

(10 minutes)

9. Quigley (IL)

#13

Would direct the Cost Assessment and Program Evaluation (CAPE) in its next report to Congress to (1) assess whether and to what extent program cost estimators for major defense acquisition programs are independent and (2) whether a lack of independence affects their ability to generate reliable cost estimates.

(10 minutes)

10. Schrader (OR)

#16

Would prohibit the award of contracts for personal services by any DOD component for the purpose of obtaining the services of a senior mentor. Nothing would prohibit DOD from hiring retired generals and flag officers as "senior mentors" under the highly qualified expert provision of 5 U.S.C. section 9903 with additional financial disclosure and conflict of interest requirements in place.

(10 minutes)

11. Connolly (VA)

#19

(REVISED) Would create an Industrial Base Council within the DOD, supported by existing personnel and funds, to provide recommendations to the Secretary on budget and policy matters related to the industrial base. Would require an annual report to Congress on the Council's activities.

(10 minutes)

12. Childers (MS)

#15

Would ensure that training courses for acquisition personnel include market research strategies to ensure that the surrounding market is considered during the contracting process.

(10 minutes)

13. Dahlkemper (PA)

#18

(REVISED) Would direct the Secretary of Defense to carry out a program providing for cost savings on non-developmental items by allowing a contracting officer to make an award for an existing contract to an entity submitting a new proposal that provides for a savings of greater than 15%, provided that doing so does not constitute a breach of contract.

(10 minutes)

14. Kissell, Larry (NC), Michaud (ME)

#21

(REVISED) Would require GAO to do a study of the items purchased under 37 U.S.C. section 418, and determine if there is sufficient domestic production of such items to adequately supply members of the Armed Forces. Would then require DOD to provide to the House Armed Services Committee, within 6 months of receiving the GAO recommendations, an evaluation of whether items purchased under section 418 of title 37 should be covered under the Berry Amendment.

(10 minutes)

15. Grayson (FL), Hastings , Alcee (FL)

#24

Would require DOD to give cost at least equal importance in evaluating competitive proposals for Federal contracts versus other factors or explain any waivers of such requirement.

(10 minutes)

16. Hare (IL)

#11

(REVISED) Would declare that it is the sense of Congress that the Department of Defense should ensure full compliance throughout the acquisition process with the Berry Amendment and the Buy American Act. Further, the amendment declares the sense of Congress that the Department of Defense not procure products made by manufacturers in the United States that violate labor standards as defined under the laws of the United States.

(10 minutes)