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RELEASE: Rep. Khanna introduces Amendments in 2019 NDAA Markup

June 12, 2019
Press Release

Washington, DC –  Today, Rep. Khanna of the HASC, Budget, and Oversight committees, introduced a series of amendments in the NDAA markup. A summary of the amendments is below:

1. Preventing funds to be used with war with Iran amendment. Unless there is legislation from Congress authorizing military force against Iran, or if the US is attacked, no funds in the NDAA can be used for war with Iran.

2. Makes statute changes that allows contracting officers, instead of the head of contracting authority, to require certified cost data for below-threshold contracts if the contacting officer documents in writing that such data is required to determine a fair and reasonable price.

-It shifts existing agency authority from the head of contracting authority to the contracting officer. 

-It also removes a company’s ability to use the commercial item exception to avoid providing certified cost data under this provision. 

3. GAO report on the Department of Defense’s efforts to secure data from offerors to assess the reasonableness of prices in their proposals.

The report shall include a review of—

•    Number of waivers issued by the head of procuring activity under regarding the requirement for certified cost and pricing data from fiscal year 2015-2019 for sole source contracts awarded using commercial procedures for spare parts

•    Reasons for issuing waivers

•    Number of instances that requests for data, including data other than certified cost or pricing data, to determine price reasonableness were denied by offeror

•    Actions taken by DOD in instances where the offeror refused to provide the requested information, including:

Whether the contracting officer input information into the past performance system to note the offeror’s refusal to provide the requested information

The strategies developed by the Department for procuring the item in the future without the need for such a waiver (e.g., develop a second source, develop an alternative product that satisfies the department’s needs, or have the Department produce the item)

4. Sense of Congress that the Secretaries of Defense and State shall pursue the updating and modernization of existing agreements with Russia to avert miscalculation and unintended conflict.




About the Office

Congressman Khanna represents the 17th District of California, which covers communities in Silicon Valley. Visit his website at Follow him on Facebook, Twitter, and Instagram @RepRoKhanna.