12 2 STA T . 21 5PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 anorde r f ora sp e ci fic ar t ic l eorser v ice ,w it h the ri g ht to re j ect the finished prod u ct or result, is not the t y pe of super - vision or control that m a k es a contract a personal services contract .’ ’. (b)EF F ECTIV E DA TE. — ( 1 ) T he amendments made by subsection (a) shall be effec- tive upon the date of the enactment of this A ct. ( 2 ) The first inventory re q uired by section 2 3 3 0 a(c) of title 10, U nited S tates C ode, as added by subsection (a), shall be submitted not later than the end of the third quarter of fiscal year 200 8 . SEC.80 8. IND E P ENDEN TMA NA G EMENT R E V IE W S OF CONTRACTS FOR SERVICES. (a) GU I D A N CE AND I N S T R UCTI O NS.— N ot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to provide for periodic independent management reviews of contracts for services. The independent management review guidance and instructions issued pursuant to this subsection shall be designed to evaluate, at a minimum— (1) contract performance in terms of cost, schedule, and requirements
(2) the use of contracting mechanisms, including the use of competition, the contract structure and type, the definition of contract requirements, cost or pricing methods, the award and negotiation of task orders, and management and oversight mechanisms; (3) the contractor’s use, management, and oversight of sub- contractors; ( 4 ) the staffing of contract management and oversight func- tions; and ( 5 )thee x tent of any pass-throughs, and excessive pass- through charges (as defined in section 852 of the J ohn W arner National Defense Authori z ation Act for F iscal Y ear 200 7 ), by the contractor. (b) ADDITIONA L SU BJ ECT OF R EVIE W .—In addition to the mat- ters required by subsection (a), the guidance and instructions issued pursuant to subsection (a) shall provide for procedures for the periodic review of contracts under which one contractor provides oversight for services performed by other contractors. In particular, the procedures shall be designed to evaluate, at a minimum— (1) the extent of the agency’s reliance on the contractor to perform acquisition functions closely associated with inher- ently governmental functions as defined in section 2383(b)(3) of title 10, United States Code; and (2) the financial interest of any prime contractor performing acquisition functions described in paragraph (1) in any contract or subcontract with regard to which the contractor provided advice or recommendations to the agency. (c) ELE M ENTS.—The guidance and instructions issued pursuant to subsection (a) shall address, at a minimum— (1) the contracts subject to independent management reviews, including any applicable thresholds and exceptions; (2) the frequency with which independent management reviews shall be conducted; Deadlin e .10USC23 30 n ot e. Deadline. 10 USC 2330a note.
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