Sec. 6716. Compliance by intelligence community with requirements of Federal Acquisition Regulation relating to commercially available off-the-shelf items and commercial services
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Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall implement a policy to ensure that each element of the intelligence community complies with parts 10 and 12 of the Federal Acquisition Regulation with respect to any Federal Acquisition Regulation-based procurements. The policy under paragraph
(1)shall include the following: Written criteria for an element of the intelligence community to evaluate when a procurement of a covered item or service is permissible, including— requiring the element to conduct an independent market analysis to determine whether a commercially available off-the-shelf item, nondevelopmental item, or commercial service is viable; and a description of the offeror for such covered item or service and how the covered item or service to be acquired will be integrated into existing systems of the intelligence community. A detailed set of performance measures for the acquisition personnel of the intelligence community that— prioritizes adherence to parts 10 and 12 of the Federal Acquisition Regulation; encourages acquisition of commercially available off-the-shelf items, nondevelopmental items, or commercial services; and incentivizes such personnel of the intelligence community that enter into contracts for covered items or services only when necessary. Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives— the policy developed pursuant to paragraph (1); and the plan to implement such policy by not later than 1 year after the date of such enactment. In carrying out the independent market analysis pursuant to paragraph (2)(A)(i), the Director may enter into a contract with an independent market research group with qualifications and expertise to find available commercial products or commercial services to meet the needs of the intelligence community. Not later than 2 years after the date of the enactment of this Act, and annually thereafter for 3 years, the Director, in consultation with the head of each element of the intelligence community, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the policy developed under subsection (a). Each report under paragraph
(1)shall include, with respect to the period covered by the report, the following: An evaluation of the success of the policy, including with respect to the progress the elements have made in complying with parts 10 and 12 of the Federal Acquisition Regulation. A description of how any market analyses are conducted pursuant to subsection (a)(2)(A)(i). Any recommendations to improve compliance with such parts 10 and 12.