Page:United States Statutes at Large Volume 122.djvu/239

 12 2 STA T . 21 6PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (3)thecomp o si tio n o f te a ms d esi g nated to pe r form inde - pendent management re v ie w s ( 4 )an y phase-in re qu irements needed to ensure that qua l i- fied staff are availa b le to perform independent management reviews; ( 5 ) procedures for trac k ing the implementation of rec- ommendations made by independent management review teams; and ( 6 ) procedures for developing and disseminating lessons learned from independent management reviews . (c) REPORTS . — ( 1 ) REPORT O NGUIDA N C E AND INSTRUCTION.— N ot later than 270 days after the date of the enactment of this A ct , the S ecretary of D efense shall submit to the congressional defense committees a report setting forth the guidance and instructions issued pursuant to subsection (a). (2) G A O REPORT ON I M P L EMENTATION.—Not later than two years after the date of the enactment of this Act, the C omp- troller General of the U nited States shall submit to the congres- sional defense committees a report on the implementation of the guidance and instructions issued pursuant to subsection (a). SEC.809 . IMPL EME NTA TI O NAN D EN F O R CEMENT OF RE QU IREMENTS APPLICA B LE TO UNDEFINITI Z ED CONTRACTUAL ACTIONS. (a) GUIDANCE AND I NSTRUCTIONS.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to ensure the implementation and enforcement of requirements applicable to undefiniti z ed contractual actions. (b) E LEMENTS.— T he guidance and instructions issued pursuant to subsection (a) shall address, at a minimum— (1) the circumstances in which it is, and is not, appropriate for Department of Defense officials to use undefinitized contrac- tual actions; (2) approval requirements (including thresholds) for the use of undefinitized contractual actions; (3) procedures for ensuring that timelines for the definitization of undefinitized contractual actions are met; (4) procedures for ensuring compliance with regulatory limitations on the obligation of funds pursuant to undefinitized contractual actions; (5) procedures for ensuring compliance with regulatory limitations on profit or fee with respect to costs incurred before the definitization of an undefinitized contractual action; and (6) reporting requirements for undefinitized contractual actions that fail to meet required timelines for definitization or fail to comply with regulatory limitations on the obligation of funds or on profit or fee. (c) REPORTS.— (1) REPORT ON GUIDANCE AND INSTRUCTIONS.—Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the guidance and instructions issued pursuant to subsection (a). Deadlin e .10USC23 2 6 n ot e.

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