Page:United States Statutes at Large Volume 124.djvu/4289

 124 STAT. 4263 PUBLIC LAW 111–383—JAN. 7, 2011 (2) task and delivery orders that are issued on or after such date pursuant to contracts that awarded before, on, or after such date. (g) SUNSET.—The authority provided in this section shall expire on the date that is three years after the date of the enactment of this Act. Subtitle B—Provisions Relating to Major Defense Acquisition Programs SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION AND MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. Section 2334 of title 10, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) by striking ‘‘paragraph (2)’’ and inserting ‘‘para- graph (3)’’; and (ii) by striking ‘‘, the rationale for selecting such confidence level, and, if such confidence level is less than 80 percent, the justification for selecting a con- fidence level of less than 80 percent; and’’ and inserting ‘‘and the rationale for selecting such confidence level;’’; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): ‘‘(2) ensure that such confidence level provides a high degree of confidence that the program can be completed without the need for significant adjustment to program budgets; and’’; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following new sub- section (e): ‘‘(e) ESTIMATES FOR PROGRAM BASELINE AND ANALYSES AND TARGETS FOR CONTRACT NEGOTIATION PURPOSES.—(1) The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of subsection (a) shall provide that— ‘‘(A) cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (a)(6) are not to be used for the purpose of contract negotiations or the obligation of funds; and ‘‘(B) cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful con- tractor performance in accordance with the contractor’s proposal and previous experience. ‘‘(2) The Program Manager and contracting officer for each major defense acquisition program and major automated informa- tion system program shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the requirements of paragraph (1) and the policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation.