Page:United States Statutes at Large Volume 102 Part 2.djvu/1006

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2010

PUBLIC LAW 100-456—SEPT. 29, 1988 to evaluate proposals on the basis of a work rate of 40 hours per week and 2,080 hours per year.

SEC. 805. PROCUREMENT OF CRITICAL AIRCRAFT AND SHIP SPARE PARTS

(a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2382 the following:

10 USC 2383 ^°^-

"§2383. Procurement of critical aircraft and ship spare parts: quality control "(a) In procuring any spare or repair part that is critical to the operation of an aircraft or ship, the Secretary of Defense shall require the contractor supplying such part to provide a part that meets all appropriate qualification and contractual quality requirements as may be specified and made available to prospective offerors. In establishing the appropriate qualification requirements, the Secretary of Defense shall utilize those requirements, if available, which were used to qualify the original production part, unless the Secretary of Defense determines in writing that any or all such requirements are unnecessary. "(b) In this section, the term 'spare or repsdr part' has the meaning given such term by section 2323(f) of this title.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2382 the following new item: "2383. Procurement of critical aircraft and ship spare parts: quality control.". (b) EFFECTIVE DATE.—Section 2383 of title 10, United States Code,

as added by subsection (a), shall apply with respect to contracts entered into after the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 806. INCENTIVES FOR INNOVATION

(a) IN GENERAL.—(1) Section 2305(d) of title 10, United States Code, is amended by adding at the end the following: "(4)(A) Whenever the head of an agency requires that proposals described in paragraph (I)(B) or (2)(B) be submitted by an offeror in its offer, the offeror shall not be required to provide a proposal that enables the United States to acquire competitively in the future an identical item if the item was developed exclusively at private expense unless the head of the agency determines that— "(i) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or "(ii) proposals by the original supplier of such item to meet the mobilization requirements are insufficient to meet the agency's mobilization needs. "(B) In considering offers in response to a solicitation requiring proposals described in paragraph (I)(B) or (2)(B), the head of an agency shall base any evaluation of items developed exclusively at private expense on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system.". (2) Section 2305(d)(3) of such title is amended by adding at the end the following: "Such objectives may not impair the rights of prospective contractors or subcontractors otherwise provided by law.". (b) CLARIFYING AMENDMENT.—Paragraphs (I)(B) and (2)(B) of section 2305(d) of such title are each amended by striking out "The proposals" and all that follows through "contract are" and inserting