Sec. 319. Modifications to steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on steps to identify and prevent the potentially unfair competitive advantage of entities providing technical advice to acquisition officials in the award of research and development work by such officials. For the purposes of this section— the term potentially unfair competitive advantage means unequal access to acquisition officials responsible for award decisions or allocation of resources or to acquisition information relevant to award decisions or allocation of resources; and the term entity providing technical advice to acquisition officials means a science and technology reinvention laboratory or a federally funded research and development center or another nonprofit entity that provides systems engineering and technical direction, participates in technical evaluations, helps prepare specifications or work statements, or otherwise provides technical advice to acquisition officials on the conduct of defense acquisition programs.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policies established under this section. The report shall— describe how any employee or assigned personnel of an entity defined in subsection (b)(2) will be— prevented from performing acquisition functions, including the development, award, or administration of contracts of the program offices; prevented from formulating, overseeing, or evaluating performance on developmental or operational testing, or experimentation; and allowed to request a waiver to provide technical advice to acquisition officials if— the individual has never supported a product, service, or development of a modular open system architecture that may compete or be required by the acquisition effort of the acquisition official; a process is established to report any potentially unfair competitive advantage violations by such an employee or assigned personnel to the program manager or contracting officer as soon as it is identified; a process is established to maintain effective oversight to verify compliance with this section; and appropriate disciplinary actions are established in the case of employees or assigned personnel who fail to comply with policies established pursuant to this section; and provide information on pass-through charges that the science and technology reinvention laboratories charge acquisition officials when receiving funded work from Department of Defense program offices, including the values charged by each science and technology reinvention laboratory and the ultimate uses of the funds.
The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 942) is amended by striking section 881.
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Sec. 319
Modifications to steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials
Stat.129 Stat. 942
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