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SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION
PROCESS. (a) In General.Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsections:
(k) Limitation On Certain Procurements Application Process.
(1) IN GENERAL.The Secretary of Defense shall administer a
process to analyze and assess potential items for consideration
to be required to be procured from a manufacturer that is part
of the national technology and industrial base.
(2) ELEMENTS.The application process required under paragraph
(1) shall include the following elements:
(A) The Secretary shall designate an official within the Office
of the Secretary of Defense responsible for administration of
the limitation on certain procurements application process and
associated policy.
(B) A person or organization that meets the definition of
national technology and industrial base under section 2500(1) of
this title shall have the opportunity to apply for status as an
item required to be procured from a manufacturer that is part of
the national technology and industrial base. The application
shall include, at a minimum, the following information:
(i) Information demonstrating the applicant meets the criteria
of a manufacturer in the national technology and industrial base
under section 2500(1) of this title.
(ii) For each item the applicant seeks to be required to be
procured from a manufacturer that is part of the national
technology and industrial base, the applicant shall include the
following information:
(I) The extent to which such item has commercial applications.
(II) The number of such items to be procured by current
programs of record.
(III) The criticality of such item to a military units mission
accomplishment.
(IV) The estimated cost and other considerations of
reconstituting the manufacturing capability of such item, if not
maintained in the national technology and industrial base.
(V) National security regulations or restrictions imposed on
such item that may not be imposed on a non-national technology
and industrial base competitor.
(VI) Non-national security-related Federal, State, and local
government regulations imposed on such item that may not be
imposed on a non-national technology and industrial base
competitor.
(VII) The extent to which such item is fielded in current
programs of record.
(VIII) The extent to which cost and pricing data for such item
has been deemed fair and reasonable.
(3) CONSIDERATION OF APPLICATIONS.
(A) RESPONSIBILITY OF DESIGNATED OFFICIAL.The official
designated pursuant to paragraph (2)(A) shall be responsible for
providing complete applications submitted pursuant to this
subsection to the appropriate component acquisition executive
for consideration not later than 15 days after receipt of such
application.
(B) REVIEW.Not later than 120 days after receiving a complete
application, the component acquisition executive shall review
such application, make a determination, and return the
application to the official designated pursuant to paragraph
(2)(A).
(C) ELEMENTS OF DETERMINATION.The determination required under
subparagraph (B) shall, for each item proposed pursuant to
paragraph (2)(B)(ii)
(i) recommend inclusion under this section;
(ii) recommend inclusion under this section with further
modifications; or
(iii) not recommend inclusion under this section.
(D) JUSTIFICATION.The determination required under
subparagraph (B) shall also include the rationale and
justification for the determination.
(4) RECOMMENDATIONS FOR LEGISLATION.For applications
recommended under subsection (3), the official designated
pursuant to paragraph (2)(A) shall be responsible for preparing
a legislative proposal for consideration by the Secretary..
(b) Effective Date.This section and the amendments made by this
section shall take effect one year after the date of the
enactment of this Act. |
Limitation on certain procurements
application process (sec. 844)
The Senate amendment contained a
provision (sec. 861) that would establish a process for
consideration of products to be included within the scope of the
National Technology and Industrial Base.
The House bill contained no similar
provision.
The House recedes with a technical
amendment. |
