12 2 STA T . 2 07PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 Nation a lDef en s e Au t h o r i z ation A c t for F iscal Y ear 20 0 7(P u b lic L a w1 0 9–364; 120 S tat . 2330 ) . (c) EXCEPTIONF O RC ONTR A CT S FOR O T H ER M ANA G E M ENT SER V- ICES. —T he De p art m ent of Defense ma y continue to awar d contracts for the procurement of ser v ices the primary purpose of which is to perform ac q uisition support functions with respect to the develop- ment or production of a ma j or system , if the followin g conditions are met with respect to each such contract
(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 ta k en 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) DEFINITIONS.— I n this section: (1) LEA D S Y STEMS INTEGRATOR.—The term ‘ ‘lead systems integrator ’ ’ means— (A) a prime contractor for the development or produc- tion of a major system, if the prime contractor is not e x pected at the time of award to perform a substantial portion of the work on the system and the major sub- systems; or (B) a prime contractor under a contract for the procure- ment 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) MA J OR SYSTEM.—The term ‘‘major system’’ has the meaning given such term in section 2302d of title 10, U nited States Code. (3) LO W -RATE INITIA L PROD U CTION.—The term ‘‘low-rate ini- tial production’’ has the meaning given such term in section 2400 of title 10, United States Code. SEC.803 . R E INV ES TM ENT IN DO MESTIC SO U RCES O F STR A TE G IC MATERIA L S. (a) ASSESSMENT R E Q UIRED.—Not later than 1 8 0 days after the date of the enactment of this Act, the Strategic Materials Protection Board established pursuant to section 187 of title 10, United States Code, shall perform an assessment of the extent to which domestic producers of strategic materials are investing and planning to invest on a sustained basis in the processes, infrastructure, workforce training, and facilities required for the continued domestic produc- tion of such materials to meet national defense requirements. (b) COOPERATION OF DOMESTIC PRODUCERS.—The Department of Defense may take into consideration the degree of cooperation of any domestic producer of strategic materials with the assessment conducted under subsection (a) when determining how much weight to accord any comments provided by such domestic producer Deadlin e .
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