(a) Definition.— In this section, the term “executive agency” has the same meaning given in section
133 of this title.
(b) Regulations on the Use of Cost-Reimbursement Contracts.— The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts.
(c) Content.— The regulations promulgated under subsection (b) shall include guidance regarding—
(1)when and under what circumstances cost-reimbursement contracts are appropriate;
(2)the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and
(3)the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.
(d) Annual Report.—
(1) In general.— The Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies.
(2) Contents.— The report shall include—
(A)the total number and value of contracts awarded and orders issued during the covered fiscal year;
(B)the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; and
(C)an assessment of the effectiveness of the regulations promulgated pursuant to subsection (b) in ensuring the appropriate use of cost-reimbursement contracts.
(3) Time requirements.—
(A) Deadline.— The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year.
(B) Limitation.— The report shall be submitted from March 1, 2009, until March 1, 2014.
(e) Congressional Committees.— The report required by subsection (d) shall be submitted to—
(1)the Committee on Oversight and Government Reform of the House of Representatives;
(2)the Committee on Homeland Security and Governmental Affairs of the Senate;
(3)the Committees on Appropriations of the House of Representatives and the Senate; and
(4)in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.
Pub. L. 110–417, [div. A], title VIII, § 864(a), (b), (d), (e), (f)(2), (g), Oct. 14, 2008, 122 Stat. 4549.
In subsection (b), the words “Not later than 270 days after the date of the enactment of this Act” are omitted because of section 6(f) of the bill. The words “shall address” are substituted for “shall be revised to address” to reflect the permanence of the provision.
In subsection (d), the words “Subject to subsection (f)” are omitted as unnecessary.
Amendment of Federal Acquisition Regulation
Pub. L. 111–350, § 6(f)(5),Jan. 4, 2011, 124 Stat. 3855, provided that: “The Federal Acquisition Regulation shall be amended to meet the requirements of section
3906(b) of title
41, United States Code, not later than 270 days after October 14, 2008.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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