108 STAT. 2734 PUBLIC LAW 103-337—OCT. 5, 1994 "§24101. Contracts for advisory and assistance services: cost comparison studies "(a) REQUIREMENT.—(1)(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract. "(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000. "(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel. "(b) WAIVER.— The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "24101. Contracts for advisory and assistance services: cost comparison studies.". 10 USC 2410/ (b) PROCEDURES FOR CONDUCT OF STUDIES.—The Secretary of " °*®' Defense shall prescribe the following procedures: (1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 24101 of title 10, United States Code, as added by subsection (a), which may contain a requirement that the cost comparison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload. (2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented. 10 USC 2410/ (c) EFFECTIVE DATE.— Section 24101 of title 10, United States "°*®- Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act. SEC. 364. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH IN CERTAIN CONTRACTS. (a) REVIEW.— The Inspector General of the Department of Defense shall carry out a review of a representative sample of existing contracts for the performance of commercial activities which resulted from a cost comparison study conducted by the Department of Defense under Office of Management and Budget Circular A- 76 (or any successor administrative regulation or policy) to determine the extent to which the cost incurred by a contractor under any such contract has exceeded the cost of the contract at the time the contract was entered into. (b) REPORT.— Not later than April 1, 1995, the Inspector General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the review carried out under subsection (a).
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