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Code · BILL · 117th Congress · H.R. 7900 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 1707

Sec. 1707. Identification of subcontractors for critical munitions contracts

455 words·~2 min read·/bill/117/hr/7900/pcs/section-1707

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Not later than 210 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program to establish a process for identifying subcontractors (at any tier) that, on the date on which the process described in subsection
(a)is implemented— are performing one or more critical munitions contracts; and provide products to a prime contractor or a higher-tier subcontractor for such prime contractor under such a contract; or are responsible for the storage or handling of controlled unclassified information under such a contract. The Under Secretary shall, to the extent practicable, use the framework developed under section 4819 of title 10, United States Code, to carry out the pilot program established under this section. Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees an implementation plan for the pilot program required by this section. Such plan shall include the following: Information on the practices that will be used to apply processes established under the pilot program, including an identification of any practices used by the Missile Defense Agency or the Strategic Capabilities Office that identify subcontractors (at any tier) for covered contracts. A list of programs of the Department of Defense to which the Under Secretary will apply the process established under this section. Not later than 90 days after the implementation of the pilot program required by this section, the Under Secretary shall submit to the congressional defense committees recommendations on the feasibility of expanding, beginning on or after November 1, 2023, the pilot program established under this section to Department of Defense program under which a DO-rated order or a DX-rated order may be placed. In this section: The term covered contract means a critical munitions contract for which a subcontractor (at any tier)— provides products to a prime contractor or a higher-tier subcontractor for such prime contractor; or is responsible for the storage or handling of controlled unclassified information. The term critical munition has the meaning given such term in section 1705 of this Act. The term critical munitions contract means a contract between the Department of Defense and a prime contractor for the procurement of critical munitions. The term DO-rated order means an order with a priority rating of critical to national defense in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation). The term DX-rated order means an order with a priority rating of highest national defense urgency in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).
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