2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201 - 2925)
Chapter 141 - MISCELLANEOUS PROCUREMENT PROVISIONS (§§ 2381 - 2410q)
Section 2410p - Contracts: limitations on lead system integrators
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS Sec. 2410p - Contracts: limitations on lead system integrators |
Contains | section 2410p |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-364, div. A, title VIII, §807(a)(1), Oct. 17, 2006, 120 Stat. 2315. |
Statutes at Large References | 119 Stat. 3372 120 Stat. 2315, 2316, 2330 122 Stat. 206, 4374 |
Public Law References | Public Law 109-163, Public Law 109-364, Public Law 110-181, Public Law 110-417 |
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(a)
(b)
(1) the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that—
(A) the entity was selected by the Department of Defense as a contractor to develop or construct the system or element concerned through the use of competitive procedures; and
(B) the Department took appropriate steps to prevent any organizational conflict of interest in the selection process; or
(2) the entity was selected by a subcontractor to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.
(c)
(Added Pub. L. 109–364, div. A, title VIII, §807(a)(1), Oct. 17, 2006, 120 Stat. 2315.)
Effective DatePub. L. 109–364, div. A, title VIII, §807(a)(3), Oct. 17, 2006, 120 Stat. 2316, provided that: “Section 2410p of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts entered into after December 31, 2006.”
Update of Regulations on Lead System IntegratorsPub. L. 109–364, div. A, title VIII, §807(b), Oct. 17, 2006, 120 Stat. 2316, provided that: “Not later than December 31, 2006, the Secretary of Defense shall update the acquisition regulations of the Department of Defense in order to specify fully in such regulations the matters with respect to lead system integrators set forth in section 805(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3372) and the amendments made by subsection (a) [enacting this section].”
Prohibition on New Lead Systems IntegratorsPub. L. 110–181, div. A, title VIII, §802, Jan. 28, 2008, 122 Stat. 206, as amended by Pub. L. 110–417, [div. A], title I, §112, Oct. 14, 2008, 122 Stat. 4374, provided that:
“(a)
“(1)
“(2)
“(A) the major system has not yet proceeded beyond low-rate initial production; or
“(B) the Secretary of Defense determines in writing that it would not be practicable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator functions and that doing so is in the best interest of the Department.
“(3)
“(A) shall specify the reasons why it would not be practicable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator functions (including a discussion of alternatives, such as the use of the Department of Defense workforce, or a system engineering and technical assistance contractor);
“(B) shall include a plan for phasing out the use of contracted lead systems integrator functions over the shortest period of time consistent with the interest of the national defense;
“(C) may not be delegated below the level of the Under Secretary of Defense for Acquisition, Technology, and Logistics; and
“(D) shall be provided to the Committees on Armed Services of the Senate and the House of Representatives at least 45 days before the award of a contract pursuant to the determination.
“(b)
“(1)
“(A) to accomplish inherently governmental functions related to acquisition of major systems; and
“(B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to perform lead systems integrator functions.
“(2)
“(c)
“(1) The contract prohibits the contractor from performing inherently governmental functions.
“(2) The Department of Defense organization responsible for the development or production of the major system ensures that Federal employees are responsible for—
“(A) determining courses of action to be taken in the best interest of the government; and
“(B) determining best technical performance for the warfighter.
“(3) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.
“(d)
“(1)
“(A) a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems; or
“(B) a prime contractor under a contract for the procurement of services the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system.
“(2)
“(3)
“(e)
“(1)
“(2)
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