123STA T . 1 7 2 9PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 09 integra t o r c ontract s ons u c hp rogra m s , particu l arl y con - tracts f or pro d uction
- (B)
the o w nership of b usiness units performing systems engineering and technical assistance functions, professional ser v ices, or management support services in relation to ma j or defense ac q uisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs; ( C ) the award of major subsystem contracts by a prime contractor for a major defense acquisition program to busi- ness units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for soft- ware integration or the development of a proprietary soft- ware system architecture; or ( D ) the performance by, or assistance of, contractors in technical evaluations on major defense acquisition pro- grams; ( 2 ) ensure that the Department of Defense receives advice on systems architecture and systems engineering matters with respect to major defense acquisition programs from federally funded research and development centers or other sources inde- pendent of the prime contractor; ( 3 ) require that a contract for the performance of systems engineering and technical assistance functions for a major defense acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from partici- pating as a prime contractor or a major subcontractor in the development or construction of a weapon system under the program; and ( 4 ) establish such limited e x ceptions to the requirement in paragraphs (2) and (3) as may be necessary to ensure that the Department of Defense has continued access to advice on systems architecture and systems engineering matters from highly-qualified contractors with domain experience and exper- tise, while ensuring that such advice comes from sources that are objective and unbiased . (c) C ONSULTA T I ON IN REV ISION O F RE G ULATIONS. — ( 1 )RE C O M MEN D ATIONS OF P ANEL ON CONT R ACTING INTEG- RIT Y .— N ot later than 90 days after the date of the enactment of this A ct, the P anel on Contracting I ntegrity established pursuant to section 8 13 of the J ohn W arner National Defense Authori z ation Act for F iscal Y ear 200 7 (Public L aw 109 – 3 6 4; 120 S tat. 2320) shall present recommendations to the Secretary of Defense on measures to eliminate or mitigate organizational conflicts of interest in major defense acquisition programs. (2) CONSIDERATION OF RECOMMENDATIONS.—In developing the revised regulations required by subsection (a), the Secretary shall consider the following
(A) T he recommendations presented by the Panel on Contracting Integrity pursuant to paragraph (1). (B) Any findings and recommendations of the Adminis- trator for Federal Procurement Policy and the Director of the O ffice of G overnment E thics pursuant to section 841(b) of the Duncan H unter National Defense Authoriza- tion Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4 5 39). Deadlin e .
