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Code · BILL · 118th Congress · S. 4366 (Introduced in Senate) — To enhance intelligence community acquisitions, and for other purposes. · Sec. 6

Sec. 6. Enhancing intelligence community ability to acquire emerging technology that fulfills intelligence community needs

296 words·~1 min read·/bill/118/s/4366/is/section-6

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The term work program means any agreement between In-Q-Tel and a third-party company, where such third-party company furnishes or is furnishing a product or service for use by any of In-Q-Tel’s government customers to address that customer’s technology needs or requirements. In addition to the exceptions listed under section 3304(a) of title 41, United States Code, and section 3204(a) of title 10, United States Code, for the use of competitive procedures, the Director of National Intelligence or the head of an element of the intelligence community may use procedures other than competitive procedures to acquire a property, product, or service if— the source of the property, product, or service is a company that completed a work program in which the company furnished the product or service; and the Director of National Intelligence or the head of an element of the intelligence community certifies that such property, product, or service has been shown to meet an identified need of the intelligence community.
Property, a product, a supply, or a service may not be acquired by the Director or the head of an element of the intelligence community under subsection
(b)using procedures other than competitive procedures unless the acquiring officer for the acquisition justifies the use of such procedures in writing. A justification in writing described in paragraph
(1)for an acquisition using procedures other than competitive procedures shall include the following: A description of the need of the element of the intelligence community that the property, product, or service satisfies. A certification that the anticipated costs will be fair and reasonable. A description of the market survey conducted or a statement of the reasons a market survey was not conducted. Such other matters as the Director or the head, as the case may be, determines appropriate.
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