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Code · BILL · 117th Congress · S. 2792 (Reported in Senate) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 137

Sec. 137. Improving oversight of Navy contracts for shipbuilding, conversion, and repair

695 words·~3 min read·/bill/117/s/2792/rs/section-137

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Chapter 805 title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position. The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command.
The Deputy Commander shall— independently administer and manage the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; serve as the designated contract administration office of the Department responsible for performing contract administration services for the contracts described in paragraph (1); enforce contract requirements of the contracts described in paragraph (1), ensuring contractors and the Department satisfy contractual obligations; work with contractors and Federal agencies to facilitate greater quality and economy in the products and services being procured; and provide on-site quality assurance for contracts described in paragraph (1), including inspections.
The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by performing the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: Project oversight, including the following: Coordinating responses to non-contractual emergent problems. Coordinating activities of precommissioning crews and ship’s force, and other Government activities.
Communicating with customers and higher authority regarding matters that may affect project execution. Technical authority, including the following: Executing the technical authority responsibilities of the Waterfront Chief Engineer. Serving as the waterfront technical authority of the Naval Sea Systems Command responsible for providing Government direction and coordination in the resolution of technical issues. Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications.
The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of contractors awarded a contract described in subsection (d)(1) and subcontractors. The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost- or incentive-type subcontracts for which the Deputy Commander serves as the designated contract administration office of the Department and that are valued at $50,000,000 or more.
Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment of the contracts for which the Deputy Commander serves as the designated contract administration office of the Department. Each written assessment required by paragraph
(1)shall include the following: The cost, schedule, and performance of each contract covered by the assessment. A summary of any requests for corrective action or other significant contract discrepancies documented by the office of the Deputy Commander, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— includes key findings, recommendations, and implementation plans; and indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation. . The table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair. . Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair under section 8039 of such title, as added by subsection (a).
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