Sec. 323. Logistics support and services for weapon systems contractors
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/bill/116/s/1215/is/section-323·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense may make available logistics support and logistics services to a contractor, including contractors of F–35 participant nations, in support of the performance by the contractor of a contract for the construction, modification, or maintenance or repair of the F–35 Lightning II weapon system. Any logistics support and logistics services to be provided under this section to a contractor in support of the performance of a contract described in subsection
(a)shall be provided under a separate contract that is entered into by the Director of the Defense Logistics Agency with that contractor. The requirements of section 2208(h) of title 10, United States Code, and the regulations prescribed pursuant to such section shall apply to the contract between the Director of the Defense Logistics Agency and the contractor. The number of contracts described in subsection
(a)for which the Secretary of Defense makes logistics support and logistics services available under the authority of this section may not exceed 10 contracts. No contract entered into by the Director of the Defense Logistics Agency under subsection
(b)may be for a period in excess of five years, including periods for which the contract is extended under options to extend the contract. The logistics support and logistics services that may be provided under this section in support of the performance of a contract described in subsection
(a)are the cataloging, storage and distribution, disposal, and supply chain management, including supply and provisioning, of materiel and parts necessary for the performance of that contract. The Secretary shall prescribe regulations implementing this section. The regulations shall include the following: A requirement that the solicitation of offers for a contract described in subsection
(a)that will be awarded by a military department or the Department of Defense, for which logistics support and logistics services are to be made available under this section, shall include— a statement that the logistics support and logistics services are to be made available under the authority of this section to any contractor awarded the contract, but only on a basis that does not require acceptance of the support and services; and a description of the range of the logistics support and logistics services that are to be made available to the contractor. A requirement for the rates charged a contractor for logistics support and logistics services provided to a contractor under the authority of this section to reflect the full cost to the United States of the resources used in providing the support and services, including the costs of resources used, but not paid for, by the Department of Defense. A prohibition on the imposition of any charge on a contractor for any effort of the contractor to correct a deficiency in the performance of logistics support and logistics services provided to the contractor under this section. A requirement that logistics support and logistics services provided under the authority of this section may not interfere with the mission of the Defense Logistics Agency or of any military department involved with the program. The Secretary shall consult with the Secretary of State to ensure that the exercise of authority under the authority of this section does not conflict with any obligation of the United States under any treaty or other international agreement. Not later than the end of the fourth year of operation of the authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing— the cost effectiveness for both the Government and industry of operation of the authority; and the effects, if any, on the performance of prime contracts being supported by support contracts awarded under the authority of this section. Not later than the end of the fifth year of operation of the authority under this section, the Comptroller General of the United States shall review the report of the Secretary under paragraph
(1)for sufficiency and provide such recommendations in a report to the Committees on Armed Services of the Senate and the House of Representatives as the Comptroller General considers appropriate. The authority to enter into contracts under the authority of this section shall expire six years after the date of the enactment of this Act. Any contracts entered into before such date shall continue in effect according to their terms. In this section, the term F–35 participant nations means each of the following: The United States. The United Kingdom. Italy. The Netherlands. The Republic of Turkey. Canada. Australia. Denmark. Norway. Any additional nations given participant nation status by the Secretary of Defense with the concurrence of the Secretary of State.