Sec. 833. Review and report on contractual flow-down provisions
268 words·~1 min read·
/bill/114/hr/4909/eh/section-833·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense shall conduct a review of contractual flow-down provisions related to major defense acquisition programs. The review shall— identify the flow-down provisions that exist in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement; identify the flow-down provisions that are critical for national security; examine the extent to which clauses in contracts with the Department of Defense are being applied inappropriately in subcontracts under the contracts; assess the applicability of flow-down provisions for the purchase of commodity items that are acquired in bulk for multiple acquisition programs; determine the unnecessary costs or burdens, if any, of flow-down provisions on the supply chain; and determine the effect, if any, of flow-down provisions on the participation rate of small businesses and non-traditional defense contractors in defense procurements.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent entity with appropriate expertise to conduct the review required by subsection (a). Not later than March 1, 2017, the Secretary, or his designee, shall brief the Committees on Armed Services of the Senate and the House of Representatives on interim findings of the independent entity as well as initial recommendations of the entity on how to modify or eliminate contractual flow-down requirements that the entity considers burdensome or unnecessary.
Not later than August 1, 2017, the Secretary shall submit to the congressional defense committees a report on the findings of the independent entity, along with a description of any actions that the Secretary proposes to address the findings of the independent entity.