S.Amdt. 579

SA 579. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title I, add the following:

SEC. 811. ASSESSMENT OF NON-SERVICE, SOLE-SOURCE SUSTAINMENT
CONTRACTING.

(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall conduct an
assessment of the Department of Defense's contracts,
subcontracts, and modifications of contracts or subcontracts
to identify non-service, sole-source sustainment contracts
and the policies and practices related to such contracts.
(2) Elements.--The assessment required under paragraph (1)
shall include the following elements:
(A) The number of non-service, sole-source sustainment
contracts that the Department made in fiscal years 2016
through 2018.
(B) The total percentage of non-service sustainment
contracts that were sole-source.
(C) A description of the policies, laws, and regulations in
place to certify fair and reasonable pricing on non-service,
sole-source sustainment contracts and an assessment of their
effectiveness.
(D) A description of how often certified cost or pricing
data is requested and obtained on non-service, sole-source
sustainment contracts and the rationale provided when
certified cost or pricing data is requested but not provided.
(E) If certified cost or pricing data is requested but not
provided, the following information:
(i) The name of the offeror or contractor.
(ii) the Commercial and Government entity code.
(iii) The part number and National Stock Number (NSN).
(iv) The number of requests that the contracting officer
made to the offeror or contractor for uncertified cost or
pricing data.
(v) The number of denials that the contracting officer
received from the offeror or contractor regarding its
submission of uncertified cost or pricing data.
(vi) Documentation in accordance with section 215.404-
1(a)(i)(A)(v) of the Defense Federal Acquisition Regulation
Supplement (DFARS) Procedures, Guidance, and Information
(PGI).
(F) The percentage of non-service, sole-source sustainment
contracts that are for commercial items.
(G) The percentage of funds obligated for non-service,
sole-source sustainment contracts that are for commercial
items.
(H) An assessment of the cost of non-service, sole-source
sustainment contracts for commercial items compared to the
cost of non-service, sole-source sustainment contracts for
non-commercial items of a similar type.
(I) An evaluation of whether there are commercially
certified parts that are not certified by the Department that
meet the form, fit, and function of parts that are currently
procured through non-service, sole-source sustainment
contracts.
(J) Recommendations on how the Department of Defense can
reduce its reliance on

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non-service, sole-source sustainment contracts.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report that includes the results of the
assessment with respect to each element described in
subsection (a)(2).
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