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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle C — Amendments To General Contracting Authorities, Procedures, And Limitations |
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P. L. 114- |
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SEC. 827. TREATMENT OF SIDE-BY-SIDE
TESTING OF CERTAIN EQUIPMENT, MUNITIONS, AND TECHNOLOGIES
MANUFACTURED AND DEVELOPED UNDER COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS AS USE OF COMPETITIVE PROCEDURES. Section 2350a(g) of title 10, United States Code, is amended by inserting after paragraph (2) the following new paragraph: “(3) The use of side-by-side testing under this subsection may be considered to be the use of competitive procedures for purposes of chapter 137 of this title, when procuring items within 5 years after an initial determination that the items have been successfully tested and found to satisfy United States military requirements or to correct operational deficiencies.”. |
Treatment of side-by-side testing of
certain equipment, munitions, and technologies manufactured and
developed under cooperative research and development agreements
as use of competitive procedures (sec. 827)
The Senate bill contained a provision (sec. 823) that would amend section 2350a(g) of title 10, Untied States Code, to add a new paragraph to clarify that the general solicitation and testing competitive procedures used under the program are competitive procedures under chapter 137 of title 10, United States Code. The House amendment contained no similar provision. The House recedes with an amendment that would make discretionary the use of side-by-side testing to fulfill competitive procedures for follow-on procurements and that would set a time limit within which such follow-on procurements could be conducted. The conferees expect that, prior to procuring any items under this provision, market research will be conducted to determine that comparable items are not available. |
