Page:United States Statutes at Large Volume 122.djvu/229

 12 2 STA T . 2 06PUBLIC LA W 110 – 1 8 1 —J A N .28, 2008 orde r f or th e p ro cu re m e n tof g ood s or ser vi ces on b eh al fof the D epartment of Defense .SEC.802 . L E AD S Y S T E M S IN TE GR AT O RS. ( a )PROHIB I T IO NS ON TH EU SEO FL E ADSY STE M S I NTE G RA - TORS. — ( 1 ) PROHIBITION ON NE WL EAD SYSTEMS INTEGRATORS.— E ffective O ctober 1 ,20 10, the Department of Defense ma y not a w ard a new contract for lead systems integrator functions in the ac q uisition of a ma j or system to any entity that was not performing lead systems integrator functions in the acquisi- tion of the major system prior to the date of the enactment of this A ct. (2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND LOW-RATE INITIAL P ROD UC TION.—Effective on the date of the enactment of this Act, the Department of Defense may award a new contract for lead systems integrator functions in the acquisition of a major system only if— (A) the major system has not yet proceeded beyond low-rate initial production or ( B ) the Secretary of Defense determines in writing that it would not be practicable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator functions and that doing so is in the best interest of the Department. ( 3 ) R E Q UIREMENTS RELATING TO DETERMINATIONS.—A determination under paragraph (2)(B)— (A) shall specify the reasons why it would not be prac- ticable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator func- tions (including a discussion of alternatives, such as the use of the Department of Defense wor k force, or a system engineering and technical assistance contractor); (B) shall include a plan for phasing out the use of contracted lead systems integrator functions over the shortest period of time consistent with the interest of the national defense; ( C ) may not be delegated below the level of the Under Secretary of Defense for Acquisition, T echnology, and Logis- tics; and (D) shall be provided to the Committees on Armed Services of the Senate and the H ouse of Representatives at least 45 days before the award of a contract pursuant to the determination. (b) ACQUISITION W OR K FORCE.— (1) REQUIREMENT.—The Secretary of Defense shall ensure that the acquisition workforce is of the appropriate si z e and skill level necessary— (A) to accomplish inherently governmental functions related to acquisition of major systems; and (B) to effectuate the purpose of subsection (a) to mini- mize and eventually eliminate the use of contractors to perform lead systems integrator functions. (2) REPORT.—The Secretary shall include an update on the progress made in complying with paragraph (1) in the annual report required by section 8 20 of the J ohn Warner Ef f ectiv e da te s.Con t r acts. 10US C 24 10 p note.

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