ACQUISITION HIGHLIGHTS FROM THE HASC FY’25 DEFENSE AUTHORIZATION BILL
While there may not be as many proposed acquisition policies in the House Armed Services Committee (HASC)-passed version of the FY’25 Defense Authorization Act as in recent history, there are provisions that contractors should monitor, including those discussing the continued push to ramp up secure supply chain requirements, commercial product and service changes, and the resuscitation of a pilot that would allow DOD to charge unsuccessful protestors fees to recoup costs associated with those protests. Section 811 of the HASC-passed measure makes it clear that once an item or component has been declared “commercial” it should generally be assumed to remain as such, eliminating the need for the collection of certified cost data. Section 822 would provide performance incentives for DOD acquisition professionals who make greater use of commercial solutions. While this is a positive step on one hand, the question must be asked as to why DOD acquisition officials still haven’t climbed aboard the commercial solution boat over 30 years after it initially set sail. Sections 831 and 832 deal with secure supply chain issues. The first part decentralizes the authority of the DOD offices that can monitor and review supply chain issues. The intent is to empower more offices to make determinations about the security and stability of contractor supply chains. The second part discusses the need to make contractor supply chains more visible so that DOD can review and determine risks in them. The bill is expected to be considered on the House floor early next month at about the same time the Senate Armed Services Committee will consider its version of the FY’25 NDAA. The goal is to have a final measure ready for passage as close to the start of FY’25 as possible, though any passage in calendar year 2024 would be welcome. Contractors interested in these bills should act accordingly.