Sec. 709. Avoiding organizational conflicts of interest in major Administration acquisition programs
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Not later than 270 days after the date of enactment of this Act, the Administrator shall revise the Administration Supplement to the Federal Acquisition Regulation to provide uniform guidance and recommend revised requirements for organizational conflicts of interest by contractors in major acquisition programs in order to address elements identified in subsection (b). The revised regulations required by subsection
(a)shall, at a minimum— address organizational conflicts of interest that could potentially arise as a result of— lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts for production; the ownership of business units performing systems engineering and technical assistance functions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs; the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or the performance by, or assistance of, contractors in technical evaluations on major acquisition programs; ensure that the Administration receives advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime contractor; require that a contract for the performance of systems engineering and technical assistance functions for a major acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating as a prime contractor or a major subcontractor in the development of a system under the program; and establish such limited exceptions to the requirement in paragraphs
(2)and
(3)as may be necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly-qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased.