Page:United States Statutes at Large Volume 97.djvu/721

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 689 (6) A brief summary of any audit, investigation, or study relating to the acquisition or management of spare or replenish- ment parts conducted by or for any organization within the Department of Defense during the period beginning on the date of the interim report required in subsection (b) and ending on the date of the submission of the report under this subsection, to be accompanied by a copy of all current regulations or proposed defense regulations relating specifically to the acquisition or management of spare or replenishment parts. (7) An analysis of the feasibility and desirability of establish- ing a statutory or contractual time limit on the protection from disclosure outeide the Department of Defense given technical data delivered by contractors to the Department of Defense with limited rights (as defined in the Defense Acquisition Regulations). (8) An analysis of the feasibility and desirability of withhold- ing Department of Defense contracts from contractors who have obtained unreasonable profits on defense contracts or have sold items to the Department of Defense at unjustifiable prices, until any such excess amounts have been repaid. (b) Not later than December 1, 1983, the Secretary shall submit to the committees named in subsection (a) an interim report stating briefly the actions being taken by the Department of Defense to improve the acquisition and management of spare parts by the Department. Such interim report shall include the identity of any working groups and a description of any studies being done. (c) The Secretary of Defense shall put into effect at the earliest practicable date policies and procedures to achieve a long-term solution to problems relating to excessive costs of, and long lead times in the acquisition of, initial and replenishment spare parts. In formulating such policies and procedures, the Secretary shall con- sider the following recommendations: (1) Parts should be acquired competitively whenever feasible and practicable. (2) Parts should be acquired through Federal Supply Sched- ules and the Department of Defense supply system. (3) Parts should be acquired in economic order quantities and on a multiyear basis whenever feasible and practicable. (4) On all major system acquisitions, contractors should be required to identify in their contract proposals the cost to the Government of acquiring unlimited rights in technical data and the extent to which the contractor uses standard commercial products in order to allow the Government to assess the desir- ability of acquiring those unlimited rights and to enable the Government to assess properly the total lifecycle cost of the system. (5) Contractors should be required to identify the manufac- turer of a part and the manufacturer's part number. (6) Consideration should be given early in the acquisition process to determinations of whether acquisition of unlimited rights in technical data is desirable, taking into consideration that the cost of acquiring reprocurement data may in some instances outweigh the benefits to be derived from such acquisition. (7) When unlimited data rights in technical data are acquired from a contactor, the contractor should be required to provide to Interi m report submittal to congressional committees.

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