Select Defense Acquisition Provisions in the FY 2024 NDAA

In addition to providing guidance concerning weapons development and a host of other issues, the annual National Defense Authorization Act often introduces changes to federal acquisition policy. The version of the NDAA for FY 2024 is no different in this regard. Today’s post takes a brief look at select provisions concerning defense procurement that may be of interest to contractors. For those interested in reading the extended text, the provisions discussed below can be found under Subtitle A—Acquisition Policy and Management of H.R. 2670.

New Principal Technology Transition Advisor (Sec. 806)

Section 806 requires the service acquisition executive of each military department to designate a Principal Technology Transition Advisor to advise the department on the transition of technologies from DOD’s science and technology programs, private commercial entities, research institutions, and universities into potential or actual requirements. The designated advisor is also responsible for creating metrics concerning the identification and transition of these technologies.

Anything as-a-Service (Sec. 809)

Continuing the push toward using cloud-based capabilities, Section 809 orders the DOD to establish a pilot program for exploring the “use of consumption-based solutions to address any defense need.” As-a-Service capabilities are defined as those which “provide users on-demand access, quickly add newly released capabilities, and bill based on actual usage at fixed price units.” This section also stipulates that any “contract or other agreement for anything-as-a-service entered into under the pilot program shall require the outcomes of the capability to be measurable, including the cost and speed of delivery in comparison to using processes other than anything-as-a-service, at the regular intervals that are customary for the type of solution provided.”

Eliminating Conflict of Interest (Sec. 812)

This section requires the Defense Supplement to the FAR be amended to require any entity that provides consulting services, and is assigned a North American Industry Classification System code beginning with 5416, to certify that neither it nor any subsidiaries or affiliates holds a contract for consulting services with covered foreign entities. The entity must also maintain a Conflict of Interest Mitigation plan that is auditable by a contract oversight official or organization.

Commercial Products and Services (Sec. 875)

Adapting commercial products and services to defense use has long been a departmental goal. Section 875 requires the DOD to conduct a feasibility study on

• Establishing a default determination that products and services acquired by the department are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code.
• Establishing that a product or service be determined not to be commercial prior using procedures outlined under part 12 of the Federal Acquisition Regulation.
• Mandating the use of commercial procedures under part 12 of the FAR unless a product or service is determined not to be commercial.

Commercial Solutions Offerings (CSOs) (Sec. 813)

This provision seems intended to grow the use of CSOs by requiring each military department to use them no fewer than four times per fiscal year “to acquire goods or services addressing the mission needs of a geographic combatant command.” Co-leadership for these acquisitions shall be assigned to relevant program executive officers and a head of a science and technology reinvention laboratory from the same military department.