Page:United States Statutes at Large Volume 116 Part 4.djvu/177

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2605 (4) A process to ensure that each mihtary department and Defense Agency implements and adheres to established processes and requirements relating to the acquisition of software. (c) DEPARTMENT OF DEFENSE GUIDANCE. —The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall— (1) prescribe uniformly applicable guidance for the administration of all of the programs established under subsection (a) and take such actions as are necessary to ensure that the military departments and Defense Agencies comply with the guidance; and (2) assist the Secretaries of the military departments and the heads of the Defense Agencies to carry out such programs effectively by— (A) ensuring that the criteria applicable to the selection of sources provides added emphasis on past performance of potential sources, as well as on the maturity of the software products offered by the potential sources; and (B) identifying, and serving as a clearinghouse for information regarding, best practices in software development and acquisition in both the public and private sectors. (d) DEFINITIONS.—In this section: (1) The term "Defense Agency" has the meaning given the term in section 101(a)(ll) of title 10, United States Code. (2) The term "major defense acquisition program" has the meaning given such term in section 139(a)(2)(B) of title 10, United States Code. SEC. 805. PERFORMANCE GOALS FOR PROCURING SERVICES PURSU- ANT TO MULTIPLE AWARD CONTRACTS. (a) PERFORMANCE GOALS.— Subsection (a) of section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1178; 10 U.S.C. 2330 note) is amended to read as follows: "(a) GOALS. —(1) It shall be an objective of the Department of Defense to achieve efficiencies in procurements of services pursuant to multiple award contracts through the use of— "(A) performance-based services contracting; "(B) appropriate competition for task orders under services contracts; "(C) program review, spending analyses, and improved management of services contracts. "(2) In furtherance of such objective, the Department of Defense shall have the following goals: "(A) To increase, as a percentage of all of the individual purchases of services made by or for the Department of Defense under multiple award contracts for a fiscal year (calculated on the basis of dollar value), the volume of the individual purchases of services that are made on a competitive basis and involve receipt of more than one offer from qualified contractors to a percentage as follows: "(i) For fiscal year 2003, a percentage not less than 40 percent. "(ii) For fiscal year 2004, a percentage not less than 50 percent.

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