Page:United States Statutes at Large Volume 99 Part 1.djvu/707

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 685

"(j) In this section, 'covered contract' means a contract for an amount more than $100,000 entered into by the Department of Defense other than a fixed-price contract without cost incentives.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2324. Allowable costs under defense contracts.".

(b) REGULATIONS.—(1) Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the regulations required by subsections (e) and (f) of section 2324 of title 10, United States Code, as added by subsection (a). Such regulations shall be published in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). (2) The Secretary shall review such regulations at least once every five years. The results of each such review shall be made public. (c) EFFECTIVE DATE.—Section 2324 of title 10, United States Code, as added by subsection (a), shall apply only to contracts for which solicitations are issued on or after the date on which such regulations are prescribed. SEC.

10 USC 2324 note.

98 Stat. 3076. Public information. 10 USC 2324 note.

912. MULTIPLE SOURCES FOR MAJOR DEFENSE ACQUISITION PROGRAMS

(a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305 the following new section: "§ 2305a. Major programs: competitive alternative sources "(a)(1) The Secretary of Defense may not begin full-scale development under a major program until— "(A) the Secretary prepares an acquisition strategy for the program; and "(B) the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report describing the acquisition strategy for that program. "(2) The report required by paragraph dXB) shall be submitted not later than the date of the submission of the President's budget to Congress for the fiscal year for which the initial request is made for appropriations for full-scale development of the program. "(3) If the Secretary proposes to revise an acquisition strategy prepared under paragraph (1) after the report on that strategy is submitted under that paragraph, the Secretary shall submit to the committees a report describing the proposed revision. Such a revision may not be implemented until 60 days after the date on which the report on the revision is received by those committees. "(4) The Secretary shall ensure that contracts for each major program are awarded in accordance with the acquisition strategy for such program. "(b)(1) The acquisition strategy prepared under subsection (a) for a major program shall provide that there will be competitive alternative sources available for the system (and each major subsystem) under the program throughout the period from the beginning of fullscale development through the end of production. "(2) In carrying out this subsection, the Secretary may provide that the requirement for competitive alternative sources for a system or subsystem is satisfied even though the sources for that system or subsystem do not develop or produce identical systems if the systems developed or produced serve similar functions and compete effectively with each other.

10 USC 2305a. Reports.

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