Page:United States Statutes at Large Volume 124.djvu/4323

 124 STAT. 4297 PUBLIC LAW 111–383—JAN. 7, 2011 reasonableness determinations, as provided in section 2306a(d) of title 10, United States Code. (c) REGULATIONS.—If the Secretary establishes the pilot pro- gram authorized under subsection (a), the Secretary shall prescribe regulations governing such pilot program. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation and shall include the contract clauses and procedures necessary to implement such program. (d) REPORTS.— (1) REPORTS ON PROGRAM ACTIVITIES.—Not later than 60 days after the end of any fiscal year in which the pilot program is in effect, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report shall be in unclassified form but may include a classified annex. Each report shall include, for each contract entered into under the pilot program in the preceding fiscal year, the following: (A) The contractor. (B) The item or items to be acquired. (C) The military purpose to be served by such item or items. (D) The amount of the contract. (E) The actions taken by the Department of Defense to ensure that the price paid for such item or items is fair and reasonable. (2) PROGRAM ASSESSMENT.—If the Secretary establishes the pilot program authorized under subsection (a), not later than four years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the extent to which the pilot program— (A) enabled the Department to acquire items that otherwise might not have been available to the Depart- ment; (B) assisted the Department in the rapid acquisition and fielding of capabilities needed to meet urgent oper- ational needs; and (C) protected the interests of the United States in paying fair and reasonable prices for the item or items acquired. (e) DEFINITIONS.—In this section: (1) The term ‘‘military purpose nondevelopmental item’’ means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible pro- gram manager, and has been developed exclusively at private expense. For purposes of this paragraph, an item shall not be considered to be developed exclusively at private expense if development of the item was paid for in whole or in part through— (A) independent research and development costs or bid and proposal costs that have been reimbursed directly or indirectly by a Federal agency or have been submitted to a Federal agency for reimbursement; or (B) foreign government funding. (2) The term ‘‘nondevelopmental item’’— 10 USC 2302 note. 10 USC 2302 note. 10 USC 2302 note.