Page:United States Statutes at Large Volume 118.djvu/2037

 118 STAT. 2007 PUBLIC LAW 108–375—OCT. 28, 2004 Service contract for the procurement of commercial communica tions satellite services. (c) REPORT.—Not later than April 30, 2005, the Secretary of Defense shall submit to Congress a report setting forth the conclu sions resulting from the Secretary’s review under subsection (a). The report shall include— (1) the guidance provided under such subsection; and (2) a discussion of the rationale for that guidance and how the guidance will address each recommendation made in the December 2003 report of the General Accounting Office titled ‘‘Satellite Communications: Strategic Approach Needed for DOD’s Procurement of Commercial Satellite BandWidth’’ (GAO–04–206). (d) EFFECTIVE DATE.—(1) The Secretary may not enter into a contract for commercial communications satellite services (using any mechanism reviewed under subsection (a) or otherwise) until the expiration of 30 days after the date on which the report described in subsection (c) has been received by Congress, unless the Secretary determines that such a contract is required to meet urgent national security requirements. (2) Notwithstanding paragraph (1), the Secretary may issue a task order or delivery order under a contract for commercial communications satellite services that was awarded before the date of the enactment of this Act. SEC. 804. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY ASSOCIATED WITH INHERENTLY GOVERN MENTAL FUNCTIONS. (a) LIMITATION.—(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2382 the following new section: ‘‘§ 2383. Contractor performance of acquisition functions closely associated with inherently governmental functions ‘‘(a) LIMITATION.—The head of an agency may enter into a contract for the performance of acquisition functions closely associ ated with inherently governmental functions only if the contracting officer for the contract ensures that— ‘‘(1) appropriate military or civilian personnel of the Depart ment of Defense cannot reasonably be made available to per form the functions; ‘‘(2) appropriate military or civilian personnel of the Depart ment of Defense are— ‘‘(A) to supervise contractor performance of the con tract; and ‘‘(B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and ‘‘(3) the agency addresses any potential organizational con flict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘head of an agency’ has the meaning given such term in section 2302(1) of this title, except that such

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