Page:United States Statutes at Large Volume 124.djvu/2962

 124 STAT. 2936 PUBLIC LAW 111–281—OCT. 15, 2010 ‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.—Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless— ‘‘(1) the subcontractor was selected by the prime contractor through full and open competition for such procurement; ‘‘(2) the procurement was awarded by the lead systems integrator or a subcontractor through full and open competition; ‘‘(3) the procurement was awarded by a subcontractor through a process over which the lead systems integrator and a Tier 1 subcontractor exercised no control; or ‘‘(4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. ‘‘(d) TERMINATION DATE FOR EXCEPTIONS.—Except as described in subsection (b)(1), the Commandant may not use a private sector entity as a lead systems integrator for acquisition contracts awarded, or task orders or delivery orders issued, after the earlier of— ‘‘(1) September 30, 2011; or ‘‘(2) the date on which the Commandant certifies in writing to the appropriate congressional committees that the Coast Guard has available and can retain sufficient acquisition workforce personnel and expertise within the Coast Guard, through an arrangement with other Federal agencies, or through contracts or other arrangements with private sector entities, to perform the functions and responsibilities of the lead systems integrator in an efficient and cost-effective manner. ‘‘§ 565. Required contract terms ‘‘(a) IN GENERAL.—The Commandant shall ensure that a con- tract awarded or a delivery order or task order issued for an acquisition of a capability or an asset with an expected service life of 10 or more years and with a total acquisition cost that is equal to or exceeds $10,000,000 awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011— ‘‘(1) provides that all certifications for an end-state capa- bility or asset under such contract, delivery order, or task order, respectively, will be conducted by the Commandant or an independent third party, and that self-certification by a contractor or subcontractor is not allowed; ‘‘(2) provides that the Commandant shall maintain the authority to establish, approve, and maintain technical require- ments; ‘‘(3) requires that any measurement of contractor and sub- contractor performance be based on the status of all work performed, including the extent to which the work performed met all performance, cost, and schedule requirements; ‘‘(4) specifies that, for the acquisition or upgrade of air, surface, or shore capabilities and assets for which compliance with TEMPEST certification is a requirement, the standard for determining such compliance will be the air, surface, or Certification.