Page:United States Statutes at Large Volume 114 Part 3.djvu/257

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-215 Act (41 U.S.C. 405 and 421) shall be amended to address the use, in the procurement of information technology services, of requirements regarding the experience and education of contractor personnel. (b) CONTENT OF AMENDMENT.— The amendment issued pursuant to subsection (a) shall, at a minimum, provide that solicitations for the procurement of information technology services shall not set forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for award of a contract unless— (1) the contracting officer first determines that the needs of the executive agency cannot be met without any such requirement; or (2) the needs of the executive agency require the use of a type of contract other than a performance-based contract. (c) GAO REPORT.— Not later than one year after the date on which the regulations required by subsection (a) are published in the Federal Register, the Comptroller General shall submit to Congress an evaluation of— (1) executive agency compliance with the regulations; and (2) conformance of the regulations with existing law, together with any recommendations that the Comptroller Gen- » eral considers appropriate. (d) DEFINITIONS. —In this section: (1) The term "executive agency" has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (2) The term "information technology" has the meaning given that term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)). (3) The term "performance-based", with respect to a contract, means that the contract includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes. SEC. 814. NAVY-MARINE CORPS INTRANET. (a) LIMITATION.— None of the funds authorized to be appropriated for the Department of the Navy may be obligated or expended to carry out a Navy-Marine Corps Intranet contract before— (1) the Comptroller of the Department of Defense and the Director of the Office of Management and Budget— (A) have reviewed— (i) the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on June 30, 2000; and (ii) the Business Case Analysis Supplement for the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on July 15, 2000; and (B) have provided their written comments to the Secretary of the Navy and the Chief of Naval Operations; and (2) the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they have reviewed the business case for the contract 79-194O-00 -9:QL3Part3

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