[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3586-S3587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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

[[Page S3587]]

     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).
                                 ______