Page:United States Statutes at Large Volume 102 Part 2.djvu/1007

 PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 2011

in lieu thereof "Proposals referred to in the first sentence of subparagraph (A) are". SEC. 807. REGULATIONS ON USE OF FIXED-PRICE DEVELOPMENT CONTRACTS (a) IN GENERAL.—(1) Not later than 120 days after the date of the lo use 2304 enactment of this Act, the Secretary of Defense shall revise the note. Department of Defense r ^ u l a t i o n s that provide for the use of fixedprice type contracts in a development program. The r^ulations shall provide that a fixed-price contract may be awarded in such a p r ( ^ a m only if— (A) the level of program risk permits realistic pricing; and (B) the use of a fixed-price contract permits sui equitable and sensible allocation of program risk between the United States and the contractor. (2)(A) The regulations also shall provide that if a contract for development of a major system is to be awarded in an amount greater than $10,000,000, the contract may not be a firm fixed-price contract. (B) A waiver of the requirement prescribed in regulations under subparagraph (A) may be granted by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, but only if the Secretary determines and states in writing that the award is consistent with the criteria specified in clauses (A) and (B) of paragraph (1) and the r^ulations prescribed under such paragraph. The Secretary may d e l ^ a t e the authority in the preceding sentence only to a person who holds a position in the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense. (b) DEFINITIONS.—In this section, the term "major system" has the meaning given such term by section 2302(5) of such title. (c) EXPIRATION.—Paragraph (2) of subsection (a) shall cease to be effective two years after the date of the enactment of this Act. SEC. 808. DEPARTMENT OF DEFENSE ADVISORY PANEL ON GOVERNMENT-INDUSTRY RELATIONS (a) EJsTABLiSHMENT OF ADVISORY PANEL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish an advisory panel to study and make recommendations to the Secretary on ways to enhance cooperation between the Department of Defense and industry r ^ a r d i n g matters of mutual interest, including— (1) procedures governing the debarment and suspension of contractors from doing business with the Department of Defense; (2) the role of self-governing oversight programs established by defense contractors; (3) expanded use of alternative dispute resolution procedures; and (4) the desirability of establishing a permanent advisory panel on government-industry relations. (b) MEMBERSHIP OF ADVISORY PANEL.—The Secretary of Defense shall appoint persons to the advisory panel who are especially qualified to serve on such panel by virtue of their education, training, and experience in defense acquisition matters. The Secretary shall include on the membership of such panel an appropriate

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