Sec. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO IMPROVING THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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## SEC. 807 ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO IMPROVING THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ###

(a)Assessment Required The Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of section 3307 of title 41, United States Code, and section 2377 of title 10, United States Code, regarding preferences for commercial products and commercial services to— ####

(1)enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and ####

(2)encourage the rapid adoption of commercial advances in technology. ###

(b)Elements of Assessment The assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of— ####

(1)relevant policies, regulations, and oversight processes; ####

(2)relevant acquisition workforce training and education; ####

(3)the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”), including— #####

(A)the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and #####

(B)how phasing and uncertainty in requirements are treated; ####

(4)the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate— #####

(A)multiple or unequal solutions; and #####

(B)emerging solutions that could fulfill program requirements; ####

(5)the role of planning, programming, and budgeting structures and processes, including appropriations categories; ####

(6)systemic biases in favor of custom solutions; ####

(7)allocation of technical data rights; ####

(8)strategies to control modernization and sustainment costs; ####

(9)the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and commercial services, and incentives and disincentives for taking such risks; and ####

(10)potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. ###

(c)Briefing Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action.