124 STAT. 2935 PUBLIC LAW 111–281—OCT. 15, 2010 ‘‘(c) AWARD OF CASH BONUSES.—As part of the program required by subsection (a), the Commandant, subject to the availability of appropriations, may award to any civilian employee recognized pursuant to the program a cash bonus to the extent that the performance of such individual so recognized warrants the award of such bonus. ‘‘§ 564. Prohibition on use of lead systems integrators ‘‘(a) IN GENERAL.— ‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Except as pro- vided in subsection (b), the Commandant may not use a private sector entity as a lead systems integrator for an acquisition contract awarded or delivery order or task order issued after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. ‘‘(2) FULL AND OPEN COMPETITION.—The Commandant and any lead systems integrator engaged by the Coast Guard, pursuant to the exceptions described in subsection (b), shall use full and open competition for any acquisition contract awarded after the date of enactment of that Act, unless other- wise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Fed- eral Acquisition Regulation. ‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.). ‘‘(b) EXCEPTIONS.— ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYSTEM MODERNIZA- TION PROGRAM; C4ISR; NATIONAL SECURITY CUTTERS 2 AND 3.— Notwithstanding subsection (a), the Commandant may use a private sector entity as a lead systems integrator for the Coast Guard to complete the National Distress and Response System Modernization Program (otherwise known as the ‘Rescue 21’ program), the C4ISR projects directly related to the Integrated Deepwater program, and National Security Cutters 2 and 3, if the Secretary of the department in which the Coast Guard is operating certifies that— ‘‘(A) the acquisition is in accordance with Federal law and the Federal Acquisition Regulation; and ‘‘(B) the acquisition and the use of a private sector lead systems integrator for the acquisition is in the best interest of the Federal Government. ‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If the Com- mandant uses a private sector lead systems integrator for an acquisition, the Commandant shall notify in writing the appro- priate congressional committees of the Commandant’s deter- mination and shall provide to such committees a detailed rationale for the determination, at least 30 days before the award of a contract or issuance of a delivery order or task order, using a private sector lead systems integrator, including a comparison of the cost of the acquisition through the private sector lead systems integrator with the expected cost if the acquisition were awarded directly to the manufacturer or ship- yard. For purposes of that comparison, the cost of award directly to a manufacturer or shipyard shall include the costs of Govern- ment contract management and oversight. Certification.
