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Code · BILL · 118th Congress · S. 5618 (Introduced in Senate) — To promote defense innovation, and for other purposes. · Sec. 316

Sec. 316. Program management office competition

378 words·~2 min read·/bill/118/s/5618/is/section-316·

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Not later than April 1, 2025, the service and component acquisition executives shall establish guidance requiring separate program managers and contracting officers within the Department of Defense to compete alternative prototypes for a program with an independent down-select to determine the winner. Each service and component acquisition executive shall designate not less than three programs annually for use of the procedures established under subsection (a). For each program selected under subsection (b), the service or component acquisition executive shall select not less than two separate program managers and contracting officers who shall— assume management of distinct prime contractors that do not share ownership from the same ultimate parent company; sign a tenure agreement through the end of the competitive down-select under subsection (e); and be selected from existing personnel of the Department of Defense.
Each program manager and contracting officer selected under subsection
(c)for a specific program shall be provided equal funding and scheduling constraints to deliver a prototype demonstration for the program requirement. The service or component acquisition executives, in coordination with operational test and evaluation activities and the commanders of the combatant commands, shall— evaluate the prototypes delivered under subsection
(d)with direct input from military users; regard any program manager-approved deviation from the program requirement under subsection (f)(2) to be valid; and select a winner eligible for a sole source follow-on contract or other agreement under subsection (f)(1). Contracts awarded under the procedures established in subsection
(a)shall be considered use of competitive procedures established for the purposes of chapter 221 of this title. The requirement for the program under subsection
(b)shall be exempt from the Joint Capabilities Integration and Development System and a program manager may deviate from the requirement without additional approval. The program under subsection
(b)shall utilize a streamlined Test and Evaluation Master Plan that must be submitted prior to the competitive down-select phrase described in subsection (e). Each program manager and contracting officer shall submit a streamlined acquisition strategy of no more than 20 pages prior to the start of the prototype phase under subsection (d). The service or component acquisition executive may delegate the down-selection described in subsection
(e)to personnel other than personnel selected under subsection
(c)or personnel that may have a conflict of interest.
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