Of a perfecting nature.
What it does: 36 changes: inserts text in 11 places, replaces text in 23 places, strikes text, adds a section
Sen. Maria Cantwell (D-WA)What it changes
36 changes to S. 924 · 8 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Inserts “more than 90 days” after “Program”
…Program[inserted: more than 90 days]…
Original wording
On page 16, line 2, insert “more than 90 days” after “Program”.
Change 2: Replaces “Act.” with “Act, unless otherwise excepted in accordance with the Competition in Contracting Act of 1…”
[struck: Act.][inserted: Act, unless otherwise excepted in accordance with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.]Original wording
On page 16, line 9, strike “Act.” and insert “Act, unless otherwise excepted in accordance with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.”
Change 3: Inserts “that is 90 days after the date” after “date”
…date[inserted: that is 90 days after the date]…
Original wording
On page 16, line 17, insert “that is 90 days after the date” after “date”.
Change 4: Inserts “after the date that is 90 days after the date of enactment of this Act of, or in support” after “procurements”
…procurements[inserted: after the date that is 90 days after the date of enactment of this Act of, or in support]…
Original wording
On page 16, line 20, insert “after the date that is 90 days after the date of enactment of this Act of, or in support” after “procurements”.
Change 5: Rewrites page 16, line 21
ReplacesPrinted pageRemoves page 16, line 21 of the printed bill. See that page
Inserted: (i) the HC-130J aircraft, the HH-65 aircraft, and the C4ISR system, and
Original wording
On page 16, strike line 21, and insert the following:
Change 6: Inserts “the date that is 90 days after” after “as of”
…as of[inserted: the date that is 90 days after]…
Original wording
On page 16, line 24, insert “the date that is 90 days after” after “as of”.
Change 7: Replaces “procurement” with “procurement, or in support,”
[struck: procurement][inserted: procurement, or in support,]Original wording
On page 17, line 3, strike “procurement” and insert “procurement, or in support,”.
Change 8: Replaces “analysis of alternatives” with “alternatives analysis”
[struck: analysis of alternatives][inserted: alternatives analysis]Original wording
On page 17, line 6, strike “analysis of alternatives” and insert “alternatives analysis”.
Change 9: Rewrites page 17, lines 8–9
ReplacesPrinted pageRemoves page 17, lines 8–9 of the printed bill. See that page
Inserted: (i) the procurement is in accordance with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations;
Original wording
On page 17, strike lines 8 and 9 and insert the following:
Change 10: Replaces “Coast Guard” with “Commandant”
[struck: Coast Guard][inserted: Commandant]Original wording
On page 17, line 22, strike “Coast Guard” and insert “Commandant”.
Change 11: Inserts “subparagraph (B) or (C) of” after “under”
…under[inserted: subparagraph (B) or (C) of]…
Original wording
On page 17, line 22, insert “subparagraph (B) or (C) of” after “under”.
Change 12: Replaces “it” with “the Coast Guard”
[struck: it][inserted: the Coast Guard]Original wording
On page 17, line 23, strike “it” and insert “the Coast Guard”.
Change 13: Replaces “entity” with “subcontractor”
[struck: entity][inserted: subcontractor]Original wording
On page 18, line 12, strike “entity” and insert “subcontractor”.
Change 14: Replaces “justifications of FAR 6.3 are met.” with “procurement was awarded in a manner consistent with the Competition in Contracting Act of…”
In S. 924 · Reported to Senate
(3) the procurement was awarded by a subcontractor through a process over which the lead systems integrator or a Tier 1 subcontractor exercised no control; or
Struck: (4) the Commandant has determined that the justifications of FAR 6.3 are met.
Inserted: (4) the Commandant has determined that the procurement was awarded in a manner consistent with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.
SEC. 3. ANALYSIS OF ALTERNATIVES.
Original wording
On page 18, line 23, strike “justifications of FAR 6.3 are met.” and insert “procurement was awarded in a manner consistent with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.”.
Change 15: Inserts new text on page 18, line 23
InsertsPrinted pageInserted: (d) Rule of Construction.--The limitation in subsection (b)(1)(A) on the quantity and specific type of assets to which subsection (b) applies shall not be construed to apply to the modification of the number or type of any subsystems or other components of a vessel or aircraft described in subsection (b)(1)(B) or (C).
Original wording
On page 18, after line 23, insert the following:
Change 16: Rewrites page 19, line 1
ReplacesPrinted pageRemoves page 19, line 1 of the printed bill. See that page
Inserted: SEC. 3. ALTERNATIVES ANALYSIS.
Original wording
On page 19, strike line 1 and insert the following:
Change 17: Replaces “FAR” with “Federal Acquisition Regulations”
[struck: FAR][inserted: Federal Acquisition Regulations]Original wording
On page 19, line 5, strike “FAR” and insert “Federal Acquisition Regulations”.
Change 18: Inserts “of a major asset” after “procurement”
…procurement[inserted: of a major asset]…
Original wording
On page 19, line 6 insert “of a major asset” after “procurement”.
Change 19: Inserts “after the date of enactment of this Act” after “Program”
…Program[inserted: after the date of enactment of this Act]…
Original wording
On page 19, line 7, insert “after the date of enactment of this Act” after “Program”.
Change 20: Replaces “analysis of alternatives” with “alternatives analysis”
[struck: analysis of alternatives][inserted: alternatives analysis]Original wording
On page 19, line 8, strike “analysis of alternatives” and insert “alternatives analysis”.
Change 21: Replaces “an appropriate” with “a qualified”
In S. 924 · Reported to Senate
(a) In General.--Except with respect to a procurement described in subparagraph (A) or (B) of section 2(b)(1) of this Act, or a procurement for which a request for proposals consistent with the FAR has been issued before the date of enactment of this Act, no procurement may be awarded under the Integrated Deepwater Program until an analysis of alternatives has been conducted under this section.
(b) Independent Analysis.--As soon as possible, but no later than 120 days after the date of enactment of this Act, the Commandant shall execute a contract for an analysis of alternatives with a Federally Funded Research and Development Center,
[struck: an appropriate][inserted: a qualified] entity of the Department of Defense, or a similar independent third party entity that has appropriate acquisition expertise for independent analysis of all of the proposed procurements under, or in support of, the Integrated Deepwater Program, including procurements described in section 2(b)(1)(B), and for any future major changes of such procurements. The Commandant may not contract under this subsection for such an analysis with any entity that has a substantial financial interest in any part of the Integrated Deepwater Program as of the date of enactment of this Act or in any alternative being considered.(c) Analysis.--The analysis of alternatives provided pursuant to the contract under subsection (b) for procurements and feasible alternatives shall include--
Original wording
On page 19, line 14, strike “an appropriate” and insert “a qualified”.
Change 22: Replaces “analysis of alternatives” with “alternatives analysis”
[struck: analysis of alternatives][inserted: alternatives analysis]Original wording
On page 20, line 1, strike “analysis of alternatives” and insert “alternatives analysis”.
Change 23: Strikes “and”
Struck: and
Original wording
On page 20, line 15, strike “and”.
Change 24: Replaces “costs.” with “costs; and”
In S. 924 · Reported to Senate
(5) an evaluation of safety and performance records; and
(6) a calculation of costs, including life-cycle costs
[struck: .][inserted: ; and](d) Report to Congress.--As soon as possible after an analysis of alternatives has been completed, the Commandant shall develop a plan for the procurements addressed in the analysis, as well as procurements described in subsection (a) for which no analysis of alternatives is required, and shall transmit a report describing the plan, and the schedule and costs for delivery of such procurements to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
Original wording
On page 20, line 17, strike “costs.” and insert “costs; and”
Change 25: Replaces “analysis of alternatives” with “alternatives analysis”
[struck: analysis of alternatives][inserted: alternatives analysis]Original wording
On page 20, line 19, strike “analysis of alternatives” and insert “alternatives analysis”.
Change 26: Replaces “analysis of alternatives” with “alternatives analysis”
[struck: analysis of alternatives][inserted: alternatives analysis]Original wording
On page 20, line 22, strike “analysis of alternatives” and insert “alternatives analysis”.
Change 27: Inserts new text on page 21, between lines 2 and 3
InsertsPrinted pageInserted: (e) Experimental, Technically Immature Systems.--
Inserted: (1) In general.--No procurement of an experimental or technically immature major asset may be awarded under the Integrated Deepwater Program until an alternatives analysis has been conducted for such asset. The alternatives analysis shall include the same components as those set forth in subsection (c). In addition, the alternatives analysis shall also include--
Inserted: (A) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs;
Inserted: (B) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs;
Inserted: (C) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs;
Inserted: (D) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs;
Inserted: (E) an analysis of the risks to production cost, schedule, and life-cycle cost resulting from the experimental, technically immature nature of the systems under consideration; and
Inserted: (F) such additional measures the Commandant determines to be necessary for appropriate evaluation of the asset.
Inserted: (2) Report.--As soon as possible after an alternatives analysis pursuant to this subsection has been completed, the Commandant shall transmit a report that provides a detailed summary of the findings of the analysis, a plan for the procurements addressed in the analysis, and the schedule and costs for delivery of such procurements to the Senate Committee on Commerce, Justice, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
Original wording
On page 21, between lines 2 and 3, insert the following:
Change 28: Replaces “deliver” with “delivery”
In S. 924 · Reported to Senate
(7) the technology complies with all relevant policies, regulations, and directives of the Coast Guard.
(b) Limitation.--Nothing in this section shall prevent the Coast Guard from executing contracts or issuing
[struck: deliver][inserted: delivery] orders or task orders, for research and development or technology demonstrations under, or in support of, the Integrated Deepwater Program.(c) Report to Congress.--The Commandant shall transmit a copy of each certification required under subsection (a) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 30 days after the completion of the certification.
Original wording
On page 22, line 7, strike “deliver” and insert “delivery”.
Change 29: Replaces “Guard--” with “Guard after the date of enactment of this Act--”
In S. 924 · Reported to Senate
SEC. 5. CONTRACT REQUIREMENTS.
The Commandant shall ensure that any contract, delivery order, or task order for procurement under, or in support of, the Integrated Deepwater Program executed by the Coast Guard[inserted: after the date of enactment of this Act]--
(1) addresses the recommendations related to award fee determination and award term evaluation made by the Government Accountability Office in its March, 2004, report entitled Coast Guard's Deepwater Program Needs Increased Attention to Management and Contractor Oversight, GAO-04-380, and any subsequent Government Accountability Office recommendations relevant to the contract terms issued before March 1, 2007, including the recommendation that any award or incentive fee be tied to program outcomes;
Original wording
On page 22, line 21, strike “Guard--” and insert “Guard after the date of enactment of this Act--”.
Change 30: Inserts new text on page 23, between lines 7 and 8
InsertsPrinted pageInserted: (2) addresses any subsequent Government Accountability Office recommendations that are issued at least 30 days prior to the execution of the contract, delivery order or task order when such recommendations are relevant to the contract terms;".
Original wording
On page 23, between lines 7 and 8, insert the following:
Change 31: Replaces “(2)” with “(3)”
[struck: (2)][inserted: (3)]Original wording
On page 23, line 8, strike “(2)” and insert “(3)”.
Change 32: Adds SEC. 7. DEPARTMENT OF DEFENSE CONSULTATION on page 26, between lines 5 and 6
Adds a sectionPrinted pageInserted: SEC. 7. DEPARTMENT OF DEFENSE CONSULTATION.
Inserted: (a) In General.--The Coast Guard shall make arrangements as appropriate with the Department of Defense for support in contracting and management of procurements under the Integrated Deepwater Program. The Coast Guard shall also seek opportunities to leverage off of Department of Defense contracts, and contracts of other appropriate agencies, to obtain the best possible price for Integrated Deepwater Program assets. No later than one year after the date of enactment of this Act, the Commandant of the Coast Guard shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on agreements and other arrangements concluded pursuant to this subsection.
Inserted: (b) Assessment.--Within 180 days after the date of enactment of this Act, the Comptroller General shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that--
Inserted: (1) contains an assessment of current Coast Guard acquisition and management capabilities to manage procurements under or in support of the Integrated Deepwater Program;
Inserted: (2) includes recommendations as to how the Coast Guard can improve its acquisition management, either through internal reforms or by seeking acquisition expertise from the Department of Defense; and
Inserted: (3) addresses specifically the question of whether the Coast Guard can better leverage Department of Defense or other agencies' contracts that would meet the needs of the Integrated Deepwater Program in order to obtain the best possible price.
Inserted: Beginning with line 6 on page 26, strike through line 18 on page 27, and insert the following:
Inserted: SEC. 8. PROCUREMENT AND REPORT REQUIREMENTS.
Inserted: (a) Procurement Schedules.--
Inserted: (1) Budget justification documents.--Each calendar year, not later than 45 days after the President submits the budget to Congress under section 1105 of title 31, United States Code, the Commandant shall submit to Congress budget justification documents regarding development and procurement schedules for each asset of the Integrated Deepwater Program for which any funds for procurement are requested in that budget.
Inserted: (2) Required documents.--The budget justification documents required to be submitted under paragraph (1) for each asset for which funds for procurement are requested in the budget include--
Inserted: (A) the development schedule for each asset and asset class, including estimated annual costs until development is completed;
Show 23 more inserted paragraphsShow less
Inserted: (B) the procurement schedule for each asset and asset class, including estimated annual costs and units to be procured until procurement is completed;
Inserted: (C) any variances in schedule or cost from the schedule and costs described in the plan submitted under section 3(d); and
Inserted: (D) a projection of the remaining operational lifespan of each legacy asset and projected costs for sustaining such assets.
Inserted: (b) Quarterly Status Update.--The Commandant shall provide an update on the status of the Integrated Deepwater Program to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure at the beginning of the first full fiscal year quarter after the date of enactment of this Act, and at the beginning of each subsequent fiscal year quarter.
Inserted: (c) Reporting on Cost Overruns and Delays.--
Inserted: (1) Report required.--The Commandant shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure as soon as possible, but not later than 30 days after the Deepwater Program Executive Officer becomes aware of--
Inserted: (A) a likely cost overrun greater than 10 percent of the program acquisition unit cost, the procurement unit cost, or the life cycle cost of an individual asset or a class of assets under the Integrated Deepwater Program; or
Inserted: (B) a likely delay of more than 6 months in the delivery schedule for any individual asset or class of assets under the Integrated Deepwater Program.
Inserted: (2) Required content.--The report shall include--
Inserted: (A) a detailed explanation for the variance or delay;
Inserted: (B) the current program acquisition unit cost and the complete history of changes to that cost from the schedule and costs described in the plan submitted under section 3(d);
Inserted: (C) the current procurement unit cost and the complete history of changes to that cost from the schedule and costs described in the plan submitted under section 3(d); and
Inserted: (D) a full life-cycle cost analysis for each asset or class of assets for which a report is being submitted under paragraph (1).
Inserted: (3) Substantial variances in costs or schedule.--If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the schedule and costs described in the plan submitted under section 3(d) or, if the plan has been revised, from the schedule and costs described in the revised plan, the Commandant shall include in the report required under paragraph (1) a written certification, with a supporting explanation, that--
Inserted: (A) the asset or asset class is essential to the accomplishment of Coast Guard missions;
Inserted: (B) there are no alternatives to such asset or asset class which will provide equal or greater capability in a more cost-effective and timely manner;
Inserted: (C) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and
Inserted: (D) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost.
Inserted: (4) Certified assets and asset classes.--If the Commandant certifies an asset or asset class under paragraph (3), the requirements of this subsection shall be based on the new estimates of cost and schedule contained in that certification.
Inserted: (5) Definitions.--In this subsection:
Inserted: (A) Life-cycle cost.--The term "life-cycle cost" means all costs for development, procurement, construction, and operations and support for a particular asset, without regard to funding source or management control.
Inserted: (B) Procurement unit cost.--The term "procurement unit cost" means the amount equal to the total of all funds programmed to be available for obligation for procurement of a given asset class divided by the number of assets to be procured.
Inserted: (C) Program acquisition unit cost.--The term "program acquisition unit cost" means the amount equal to the total cost for development, procurement, and construction for each class of assets divided by the total number of assets in each class.
Original wording
On page 26, between lines 5 and 6, insert the following:
Change 33: Inserts new text on page 28, between lines 20 and 21
InsertsPrinted pageInserted: (e) Report on C4ISR.--Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the manner in which the Coast Guard is resolving the problems and responding to the recommendations contained in the August 2006 Department of Homeland Security Inspector General Report entitled Improvements Needed in the Coast Guard's Acquisition and Implementation of Deepwater Information Technology Systems.
Inserted: (f) Amendment of 2006 Act.--Section 408(a) of the Coast Guard and Maritime Transportation Act of 2006 is amended--
Inserted: (1) by striking paragraphs (1) and (3); and
Inserted: (2) by redesignating paragraphs (2) and (4) through (8) as paragraphs (1) through (6), respectively.
Original wording
On page 28, between lines 20 and 21, insert the following:
Change 34: Replaces “SEC. 8.” with “SEC. 9.”
In S. 924 · Reported to Senate
(5) an estimate of the cost to extend the operational lifespan of the 110-foot patrol boat fleet for each of fiscal years 2008 through 2014.
SEC.
[struck: 8][inserted: 9]. GAO REVIEW AND RECOMMENDATIONS.(a) Award Fee and Award Term Criteria.--The Coast Guard shall consult with the Comptroller General no later than June 1, 2007 to ensure that the Government Accountability Office's recommendations, in its March, 2004, report entitled Coast Guard's Deepwater Program Needs Increased Attention to Management and Contractor Oversight, GAO-04-380, and any subsequent Government Accountability Office recommendations issued before March 1, 2007, with respect to award fee and award term criteria will be addressed to the maximum extent practicable in any contract, delivery order, or task order or extension of the existing contract for procurement under or in support of the Integrated Deepwater Program entered into after the date of enactment of this Act.
Original wording
On page 28, line 21, strike “SEC. 8.” and insert “SEC. 9.”.
Change 35: Replaces “SEC. 9.” with “SEC. 10.”
In S. 924 · Reported to Senate
(c) GAO Reports on Implementation.--Beginning 6 months after the date of enactment of this Act, the Comptroller General shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the Coast Guard's progress in implementing the provisions of this Act, the Government Accountability Office's recommendations, in its March, 2004, report entitled Coast Guard's Deepwater Program Needs Increased Attention to Management and Contractor Oversight, GAO-04-380, and any subsequent Government Accountability Office recommendations issued before March 1, 2007.
SEC.
[struck: 9][inserted: 10]. INSPECTOR GENERAL REVIEW OF DEEPWATER PROGRAM.Not later than 240 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Secretary, and to Congress, a report on the acquisition of assets under the Deepwater program. The report shall include--
Original wording
On page 30, line 9, strike “SEC. 9.” and insert “SEC. 10.”.
Change 36: Replaces “SEC. 10.” with “SEC. 11.”
In S. 924 · Reported to Senate
(4) an assessment of whether the Coast Guard or Integrated Coast Guard Systems is responsible for the payment of any cost overruns associated with any such decision.
SEC.
[struck: 10][inserted: 11]. DEFINITIONS.In this Act:
Original wording
On page 31, line 8, strike “SEC. 10.” and insert “SEC. 11.”.
Shown as written
On page 15, strike the matter between lines 15 and 16 and insert the following:
On page 17, beginning in line 24, strike “transmit a report to” and insert “notify in writing”.
On page 18, beginning in line 2, strike “notifying the Committees”.
On page 18, beginning in line 3, strike “explaining the” and insert “shall provide a detailed”.
On page 19, beginning in line 12, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 20 between lines 17 and 18, insert the following:
On page 23, beginning in line 2, strike “and any subsequent Government Accountability Office recommendations relevant to the contract terms issued before March 1, 2007,”.
Beginning with line 13 on page 23, strike through line 9 on page 24 and insert the following:
On page 28, beginning in line 23, strike “no later than June 1, 2007”.
On page 29, beginning in line 4, strike “issued before March 1, 2007,”.
On page 29, beginning in line 16, strike “Act. The Commandant shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the Coast Guard's progress in implementing such recommendations.” and insert “Act, and implement subsequent recommendations to the maximum extent practicable as they arise.”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3884. Mr. REID (for Ms. Cantwell (for herself and Ms. Snowe)) proposed an amendment to the bill S. 924, to strengthen the United States Coast Guard's Integrated Deepwater Program; as follows:
On page 15, strike the matter between lines 15 and 16 and insert the following:
Sec. 1. Short title; table of contents.
Sec. 2. Procurement structure.
Sec. 3. Alternatives Analysis.
Sec. 4. Certification.
Sec. 5. Contract requirements.
Sec. 6. Improvements in Coast Guard management.
Sec. 7. Department of Defense Consultation.
Sec. 8. Procurement and report requirements.
Sec. 9. GAO review and recommendations.
Sec. 10. Inspector General review of Deepwater program.
Sec. 11. Definitions.
On page 16, line 2, insert “more than 90 days” after “Program”.
On page 16, line 9, strike “Act.” and insert “Act, unless otherwise excepted in accordance with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.”
On page 16, line 17, insert “that is 90 days after the date” after “date”.
On page 16, line 20, insert “after the date that is 90 days after the date of enactment of this Act of, or in support” after “procurements”.
On page 16, strike line 21, and insert the following:
“(i) the HC-130J aircraft, the HH-65 aircraft, and the C4ISR system, and
On page 16, line 24, insert “the date that is 90 days after” after “as of”.
On page 17, line 3, strike “procurement” and insert “procurement, or in support,”.
On page 17, line 6, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 17, strike lines 8 and 9 and insert the following:
(i) the procurement is in accordance with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations;
On page 17, line 22, strike “Coast Guard” and insert “Commandant”.
On page 17, line 22, insert “subparagraph (B) or (C) of” after “under”.
On page 17, line 23, strike “it” and insert “the Coast Guard”.
On page 17, beginning in line 24, strike “transmit a report to” and insert “notify in writing”.
On page 18, beginning in line 2, strike “notifying the Committees”.
On page 18, beginning in line 3, strike “explaining the” and insert “shall provide a detailed”.
On page 18, line 12, strike “entity” and insert “subcontractor”.
On page 18, line 23, strike “justifications of FAR 6.3 are met.” and insert “procurement was awarded in a manner consistent with the Competition in Contracting Act of 1984 and the Federal Acquisition Regulations.”.
On page 18, after line 23, insert the following:
(d) Rule of Construction.--The limitation in subsection (b)(1)(A) on the quantity and specific type of assets to which subsection (b) applies shall not be construed to apply to the modification of the number or type of any subsystems or other components of a vessel or aircraft described in subsection (b)(1)(B) or (C).
On page 19, strike line 1 and insert the following:
SEC. 3. ALTERNATIVES ANALYSIS.
On page 19, line 5, strike “FAR” and insert “Federal Acquisition Regulations”.
On page 19, line 6 insert “of a major asset” after “procurement”.
On page 19, line 7, insert “after the date of enactment of this Act” after “Program”.
On page 19, line 8, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 19, beginning in line 12, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 19, line 14, strike “an appropriate” and insert “a qualified”.
On page 20, line 1, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 20, line 15, strike “and”.
On page 20, line 17, strike “costs.” and insert “costs; and”
On page 20 between lines 17 and 18, insert the following:
(7) a business case of viable alternatives.
On page 20, line 19, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 20, line 22, strike “analysis of alternatives” and insert “alternatives analysis”.
On page 21, between lines 2 and 3, insert the following:
(e) Experimental, Technically Immature Systems.--
(1) In general.--No procurement of an experimental or technically immature major asset may be awarded under the Integrated Deepwater Program until an alternatives analysis has been conducted for such asset. The alternatives analysis shall include the same components as those set forth in subsection (c). In addition, the alternatives analysis shall also include--
(A) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs;
(B) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs;
(C) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs;
(D) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs;
(E) an analysis of the risks to production cost, schedule, and life-cycle cost resulting from the experimental, technically immature nature of the systems under consideration; and
(F) such additional measures the Commandant determines to be necessary for appropriate evaluation of the asset.
(2) Report.--As soon as possible after an alternatives analysis pursuant to this subsection has been completed, the Commandant shall transmit a report that provides a detailed summary of the findings of the analysis, a plan for the procurements addressed in the analysis, and the schedule and costs for delivery of such procurements to the Senate Committee on Commerce, Justice, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
On page 22, line 7, strike “deliver” and insert “delivery”.
On page 22, line 21, strike “Guard--” and insert “Guard after the date of enactment of this Act--”.
On page 23, beginning in line 2, strike “and any subsequent Government Accountability Office recommendations relevant to the contract terms issued before March 1, 2007,”.
On page 23, between lines 7 and 8, insert the following:
(2) addresses any subsequent Government Accountability Office recommendations that are issued at least 30 days prior to the execution of the contract, delivery order or task order when such recommendations are relevant to the contract terms;”.
On page 23, line 8, strike “(2)” and insert “(3)”.
Beginning with line 13 on page 23, strike through line 9 on page 24 and insert the following:
(4) does not include--
(A) provisions that commit the Coast Guard without express written approval by the Coast Guard; or
(B) any provision allowing for equitable adjustment that differs from the Federal Acquisition Regulations;
(5) meets the requirements of the Coast Guard Major Systems Acquisition COMDTINST Manual 5000.10(series); and
(6) for any contract, contract modification, or award term extending the existing Integrated Deepwater Program contract term--
(A) is reviewed by, and addresses recommendations made by, the Under Secretary of Defense for Acquisition, Technology, and Logistics through the Defense Acquisition University in its Quick Look Study dated February 5, 2007; and
(B) does not include any minimum requirements for the purchase of a given or determinable number of specific assets.
On page 26, between lines 5 and 6, insert the following:
SEC. 7. DEPARTMENT OF DEFENSE CONSULTATION.
(a) In General.--The Coast Guard shall make arrangements as appropriate with the Department of Defense for support in contracting and management of procurements under the Integrated Deepwater Program. The Coast Guard shall also seek opportunities to leverage off of Department of Defense contracts, and contracts of other appropriate agencies, to obtain the best possible price for Integrated Deepwater Program assets. No later than one year after the date of enactment of this Act, the Commandant of the Coast Guard shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on agreements and other arrangements concluded pursuant to this subsection.
(b) Assessment.--Within 180 days after the date of enactment of this Act, the Comptroller General shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that--
(1) contains an assessment of current Coast Guard acquisition and management capabilities to manage procurements under or in support of the Integrated Deepwater Program;
(2) includes recommendations as to how the Coast Guard can improve its acquisition management, either through internal reforms or by seeking acquisition expertise from the Department of Defense; and
(3) addresses specifically the question of whether the Coast Guard can better leverage Department of Defense or other agencies' contracts that would meet the needs of the Integrated Deepwater Program in order to obtain the best possible price.
Beginning with line 6 on page 26, strike through line 18 on page 27, and insert the following:
SEC. 8. PROCUREMENT AND REPORT REQUIREMENTS.
(a) Procurement Schedules.--
(1) Budget justification documents.--Each calendar year, not later than 45 days after the President submits the budget to Congress under section 1105 of title 31, United States Code, the Commandant shall submit to Congress budget justification documents regarding development and procurement schedules for each asset of the Integrated Deepwater Program for which any funds for procurement are requested in that budget.
(2) Required documents.--The budget justification documents required to be submitted under paragraph (1) for each asset for which funds for procurement are requested in the budget include--
(A) the development schedule for each asset and asset class, including estimated annual costs until development is completed;
(B) the procurement schedule for each asset and asset class, including estimated annual costs and units to be procured until procurement is completed;
(C) any variances in schedule or cost from the schedule and costs described in the plan submitted under section 3(d); and
(D) a projection of the remaining operational lifespan of each legacy asset and projected costs for sustaining such assets.
(b) Quarterly Status Update.--The Commandant shall provide an update on the status of the Integrated Deepwater Program to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure at the beginning of the first full fiscal year quarter after the date of enactment of this Act, and at the beginning of each subsequent fiscal year quarter.
(c) Reporting on Cost Overruns and Delays.--
(1) Report required.--The Commandant shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure as soon as possible, but not later than 30 days after the Deepwater Program Executive Officer becomes aware of--
(A) a likely cost overrun greater than 10 percent of the program acquisition unit cost, the procurement unit cost, or the life cycle cost of an individual asset or a class of assets under the Integrated Deepwater Program; or
(B) a likely delay of more than 6 months in the delivery schedule for any individual asset or class of assets under the Integrated Deepwater Program.
(2) Required content.--The report shall include--
(A) a detailed explanation for the variance or delay;
(B) the current program acquisition unit cost and the complete history of changes to that cost from the schedule and costs described in the plan submitted under section 3(d);
(C) the current procurement unit cost and the complete history of changes to that cost from the schedule and costs described in the plan submitted under section 3(d); and
(D) a full life-cycle cost analysis for each asset or class of assets for which a report is being submitted under paragraph (1).
(3) Substantial variances in costs or schedule.--If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the schedule and costs described in the plan submitted under section 3(d) or, if the plan has been revised, from the schedule and costs described in the revised plan, the Commandant shall include in the report required under paragraph (1) a written certification, with a supporting explanation, that--
(A) the asset or asset class is essential to the accomplishment of Coast Guard missions;
(B) there are no alternatives to such asset or asset class which will provide equal or greater capability in a more cost-effective and timely manner;
(C) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and
(D) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost.
(4) Certified assets and asset classes.--If the Commandant certifies an asset or asset class under paragraph (3), the requirements of this subsection shall be based on the new estimates of cost and schedule contained in that certification.
(5) Definitions.--In this subsection:
(A) Life-cycle cost.--The term “life-cycle cost” means all costs for development, procurement, construction, and operations and support for a particular asset, without regard to funding source or management control.
(B) Procurement unit cost.--The term “procurement unit cost” means the amount equal to the total of all funds programmed to be available for obligation for procurement of a given asset class divided by the number of assets to be procured.
(C) Program acquisition unit cost.--The term “program acquisition unit cost” means the amount equal to the total cost for development, procurement, and construction for each class of assets divided by the total number of assets in each class.
On page 28, between lines 20 and 21, insert the following:
(e) Report on C4ISR.--Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the manner in which the Coast Guard is resolving the problems and responding to the recommendations contained in the August 2006 Department of Homeland Security Inspector General Report entitled Improvements Needed in the Coast Guard's Acquisition and Implementation of Deepwater Information Technology Systems.
(f) Amendment of 2006 Act.--Section 408(a) of the Coast Guard and Maritime Transportation Act of 2006 is amended--
(1) by striking paragraphs (1) and (3); and
(2) by redesignating paragraphs (2) and (4) through (8) as paragraphs (1) through (6), respectively.
On page 28, line 21, strike “SEC. 8.” and insert “SEC. 9.”.
On page 28, beginning in line 23, strike “no later than June 1, 2007”.
On page 29, beginning in line 4, strike “issued before March 1, 2007,”.
On page 29, beginning in line 16, strike “Act. The Commandant shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the Coast Guard's progress in implementing such recommendations.” and insert “Act, and implement subsequent recommendations to the maximum extent practicable as they arise.”.
On page 30, line 9, strike “SEC. 9.” and insert “SEC. 10.”.
On page 31, line 8, strike “SEC. 10.” and insert “SEC. 11.”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
December 19, 2007
View full timeline
Senate amendment submitted
December 19, 2007
Senate amendment agreed to: Amendment SA 3884 agreed to in Senate by Unanimous Consent.
December 19, 2007
Senate amendment proposed (on the floor): Amendment SA 3884 proposed by Senator Reid for Senator Cantwell.(consideration: CR S15947)
December 19, 2007
Amendment SA 3884 proposed by Senator Reid for Senator Cantwell. (consideration: CR S15947) Of a perfecting nature.
December 19, 2007
Amendment SA 3884 agreed to in Senate by Unanimous Consent.
December 19, 2007