Page:United States Statutes at Large Volume 122.djvu/259

 12 2 STA T . 2 36PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (1)Theman ne ri n w hi c hc o n t ract re qu irement s were d e v e l- o p ed . ( 2 ) The procedures under which contracts or tas k or deliver y orders were awarded. ( 3 ) The terms and conditions o f contracts or task or delivery orders. ( 4 ) The staffin g and method of performance of contractors , including cost controls. ( 5 ) The efficacy of D epartment of Defense management and oversight, including the adequacy of staffing and training of officials responsi b le for such management and oversight. ( 6 ) The flow of information from contractors to officials responsible for contract management and oversight. (h) SCOPE O FAUDITS OF O T H E RC O N TR A CTS. — Audits conducted pursuant to subsection (a)(2) shall e x amine, at a minimum, one or more of the following issues

(1) The manner in which contract requirements were devel- oped and contracts or task and delivery orders were awarded. (2) The manner in which the F ederal agency exercised control over the performance of contractors. (3) The extent to which operational field commanders were able to coordinate or direct the performance of contractors in an area of combat operations. (4) The degree to which contractor employees were properly screened, selected, trained, and equipped for the functions to be performed. (5) The nature and extent of any incidents of misconduct or unlawful activity by contractor employees. (6) The nature and extent of any activity by contractor employees that was inconsistent with the ob j ectives of oper- ational field commanders. ( 7 ) The extent to which any incidents of misconduct or unlawful activity were reported, documented, investigated, and (where appropriate) prosecuted. (i) I NDEPENDENT CONDUCT OF AUDIT FUNCTIONS.—All audit functions under this section, including audit planning and coordina- tion, shall be performed by the relevant Inspectors G eneral in an independent manner, without consultation with the Commission established pursuant to section 8 41 of this Act. All audit reports resulting from such audits shall be available to the Commission. SEC.843 .E NHA NCE D C OMP E TI TION R E QU IREMENTS F OR TAS K AND DE L I V ER Y ORDER CONTRACTS. (a) DEFENSE CONTRACTS.— (1) L I M ITATION ON SIN GL EA W ARD CONTRACTS.—Section 23 0 4a(d) of title 10, U nited States Code, is amended— (A) by redesignating paragraph (3) as paragraph (4) and ( B ) by inserting after paragraph (2) the following new paragraph (3): ‘ ‘(3)(A) N o task or delivery order contract in an amount esti- mated to exceed $ 100,000,000 (including all options) may be awarded to a single source unless the head of the agency determines in writing that— ‘‘(i) the task or delivery orders expected under the contract are so integrally related that only a single source can reason- ably perform the work;

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