Sec. 806. Department of Defense use of fixed-price contracts
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The Under Secretary of Defense for Acquisition and Sustainment shall review how the Department of Defense informs decisions to use fixed-price contracts to support broader acquisition objectives, to ensure that such decisions are made strategically and consistently. The review should include decisions on the use of the various types of fixed price contracts, including fixed-price incentive contracts. Not later than February 1, 2020, the Under Secretary shall brief the congressional defense committees on the findings of the review required under paragraph (1).
Not later than February 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report on the Department of Defense's use of fixed-price contracts, including different types of fixed-price contracts. The report required under paragraph
(1)shall include the following elements: A description of the extent to which fixed-price contracts have been used over time and the conditions in which they are used. An assessment of the effects of the decisions to use of fixed-price contract types, such as any additional costs or savings or efficiencies in contract administration. An assessment of how decisions to use various types of fixed-price contracts affects the contract closeout process. The regulations prescribed pursuant to section 830(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2762 note) shall not take effect until December 31, 2020. The regulations as so prescribed shall take into account the findings of the review conducted under subsection (a)(1).
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