Page:United States Statutes at Large Volume 124.djvu/4322

 124 STAT. 4296 PUBLIC LAW 111–383—JAN. 7, 2011 (1) to provide the tools and processes needed to assist contracting officials in addressing the full range of complexities that can arise in the acquisition of services; and (2) to enhance and support the procurement and project management community in all aspects of the process for the acquisition of services, including requirements development, assessment of reasonableness, and post-award management and oversight. (c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing— (1) a summary of the findings of the review required by subsection (a); and (2) any recommendations that the Secretary may have for changes to the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to address such findings, including identifying any changes that are nec- essary to improve part 37 (which specifically addresses services acquisitions). SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE NONDEVELOPMENTAL ITEMS. (a) PILOT PROGRAM AUTHORIZED.— (1) IN GENERAL.—The Secretary of Defense may carry out a pilot program to assess the feasability and advisability of acquiring military purpose nondevelopmental items in accord- ance with this section. (2) SCOPE OF PROGRAM.—Under the pilot program, the Sec- retary may enter into contracts with nontraditional defense contractors for the acquisition of military purpose nondevelop- mental items in accordance with the requirements set forth in subsection (b). (b) CONTRACT REQUIREMENTS.—Each contract entered into under the pilot program— (1) shall be a firm, fixed price contract, or a firm, fixed price contract with an economic price adjustment clause awarded using competitive procedures in accordance with chapter 137 of title 10, United States Code; (2) shall be in an amount not in excess of $50,000,000, including all options; (3) shall provide— (A) for the delivery of an initial lot of production quan- tities of completed items not later than nine months after the date of the award of such contract; and (B) that failure to make delivery as provided for under subparagraph (A) may result in the termination of such contract for default; and (4) shall be— (A) exempt from the requirement to submit certified cost or pricing data under section 2306a of title 10, United States Code, and the cost accounting standards under sec- tion 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422); and (B) subject to the requirement to provide data other than certified cost or pricing data for the purpose of price 10 USC 2302 note. 10 USC 2302 note.