House, Senate panels OK 2022 NDAA bills
Senate and House committees each passed their versions of the fiscal 2022 National Defense Authorization Act (NDAA) in recent weeks, agreeing on a topline budget of $740 billion. The amount is about $25 billion more than President Joe Biden requested.
Both bills repeal the Defense Dept.’s preference for fixed-price contracts, along with other changes in acquisition policy, according to summaries released by the committees.
The House Armed Services Committee’s version of the NDAA, which it voted to advance on Sept. 1, includes several provisions intended to increase domestic production of defense materials, including:
- Expanding oversight into domestic content in major defense acquisition programs;
- Requiring public availability of DOD waivers for domestic preferences; and
- Establishing mandatory referral for suspension and debarment for egregious violations of domestic preference laws.
The House bill also includes a provision that gives DOD emergency reimbursement authorities, “similar” to those granted under Section 3610 of the CARES Act, to allow contractors to be reimbursed if they are unable to work on site during a pandemic, Rep. Rob Wittman, R-VA, ranking member of the House Armed Services Committee, said in a news release.
Other House bill provisions include:
- Increasing funding for Small Business Innovation Research (SBIR);
- Requiring certain contractors to submit annual reports regarding diversity and inclusion within their workforce, and ordering DOD to submit annual reports on the consolidated data; and
- Requiring DOD to improve the public accessibility of data related to the use of Other Transaction Authority.
The Senate Armed Services Committee, which marked up its NDAA on July 22, included $1 billion in additional support for university, small business and lab research into artificial intelligence, microelectronics, advanced materials, 5G, and biotechnology.
The Senate committee bill also:
- Requires defense contractors to publicly disclose employee training materials, and to identify Critical Race Theory or similar instruction;
- Prohibits DOD from procuring personal protective equipment manufactured in China, Russia, North Korea, or Iran; and
- Requires DOD to collect data on Phase III SBIR and Small Business Technology Transfer program awards.
More Information:
Senate NDAA: https://bit.ly/3DU3TyA
House NDAA: https://bit.ly/2WTfkph
Wittman press release: https://bit.ly/3lipybx