124 STAT. 2539 PUBLIC LAW 111–240—SEPT. 27, 2010 unless the senior procurement executive or Chief Acquisition Officer for the Federal agency, before carrying out the acquisi- tion strategy— ‘‘(A) conducts market research; ‘‘(B) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of con- tract requirements; ‘‘(C) makes a written determination that the consolida- tion of contract requirements is necessary and justified; ‘‘(D) identifies any negative impact by the acquisition strategy on contracting with small business concerns; and ‘‘(E) certifies to the head of the Federal agency that steps will be taken to include small business concerns in the acquisition strategy. ‘‘(2) DETERMINATION THAT CONSOLIDATION IS NECESSARY AND JUSTIFIED.— ‘‘(A) IN GENERAL.—A senior procurement executive or Chief Acquisition Officer may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1)(C) if the benefits of the acquisition strategy substan- tially exceed the benefits of each of the possible alternative contracting approaches identified under paragraph (1)(B). ‘‘(B) SAVINGS IN ADMINISTRATIVE OR PERSONNEL COSTS.—For purposes of subparagraph (A), savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements in a procurement unless the expected total amount of the cost savings, as determined by the senior procurement executive or Chief Acquisition Officer, is expected to be substantial in relation to the total cost of the procurement. ‘‘(3) BENEFITS TO BE CONSIDERED.—The benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts— ‘‘(A) quality; ‘‘(B) acquisition cycle; ‘‘(C) terms and conditions; and ‘‘(D) any other benefit. ‘‘(4) DEPARTMENT OF DEFENSE.— ‘‘(A) IN GENERAL.—The Department of Defense and each military department shall comply with this section until after the date described in subparagraph (C). ‘‘(B) RULE.—After the date described in subparagraph (C), contracting by the Department of Defense or a military department shall be conducted in accordance with section 2382 of title 10, United States Code. ‘‘(C) DATE.—The date described in this subparagraph is the date on which the Administrator determines the Department of Defense or a military department is in compliance with the Government-wide contracting goals under section 15.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—Section 2382(b)(1) of title 10, United States Code, is amended by striking ‘‘An official’’ and inserting ‘‘Subject to section 44(c)(4), an official’’. Compliance. Certification. Determination.
