123STA T . 2 4 1 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9authori t yp ro v i de d b y s ubse c tio n( a ) not l ater than M arch 1,20 1 3.T he report shall, at a m inimum, describe — (1) the number o f times a contract line item or contract option w ase x ercised under such authority, the dollar amount of each such line item or option, and the scope of each such line item or option
(2) the circumstances that rendered the military depart - ment or defense a g ency unable to solicit and award a follow- on development or production contract in a timely fashion, but for the use of such authority; (3) the extent to which such authority affected competition and technology transition; and ( 4 ) such recommendations as the S ecretary considers appro- priate, including any recommendations regarding the modifica- tion or extension of such authority. SEC.820 . PUBLI C AT I ON O F NOTIFICATION OF BUN D LIN G OF CON - T R ACTS OF T H E DEPART M ENT OF DEFENSE. (a) REQUIR E M E NT T OP U BL I SHN OTI F I CA TION FOR B UN D LIN G .— A contracting officer of the D epartment of Defense carrying out a covered ac q uisition shall publish a notification consistent with the requirements of paragraph (c)(2) of subpart 10.001 of the F ed- eral Acquisition Regulation on the website k nown as FedBi zO pps.gov (or any successor site) at least 30 days prior to the release of a solicitation for such acquisition and, if the agency has determined that measurably substantial benefits are expected to be derived as a result of bundling such acquisition, shall include in the notification a brief description of the benefits. (b) C O V ERED ACQUISITION DEFINED.— I n this section, the term ‘ ‘covered acquisition ’ ’ means an acquisition that is— (1) funded entirely using funds of the Department of Defense; and (2) covered by subpart 7 .107 of the Federal Acquisition Regulation (relating to acquisitions involving bundling). (c) CONSTRUCTION.— (1) NOTIFICATION.—Nothing in this section shall be con- strued to alter the responsibility of a contracting officer to provide the notification referred to in subsection (a) with respect to a covered acquisition, or otherwise provide notification, to any party concerning such acquisition under any other require- ment of law or regulation. (2) DISCLOSURE.—Nothing in this section shall be construed to require the public availability of information that is exempt from public disclosure under section 5 52(b) of title 5, U nited States Code, or is otherwise restricted from public disclosure by law or E xecutive order. (3) ISSUANCE OF SOLICITATION.—Nothing in this section shall be construed to require a contracting officer to delay the issuance of a solicitation in order to meet the requirements of subsection (a) if the expedited issuance of such solicitation is otherwise authorized under any other requirement of law or regulation. Webposting.D e adl ine. Dete rm ination. 10USC23 0 4 note.
