PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1485 "(5) In this subsection, the term "major defense acquisition pro- gram" has the meaning given that term in section 138(a)(2)(B) of this title. "(c) DETERMINATION OP QUANTITY OF ARTICLES REQUIRED FOR OPERATIONAL TESTING. —The quantity of articles of a new system that are to be procured for operational testing shall be determined by- "(1) the Director of Operational Test and Evaluation of the Department of Defense, in the case of a new system that is a major defense acquisition program (as defined in section 138(a)(2)(B) of this title); or "(2) the operational test and evaluation agency of the military department concerned, in the case of a new system that is not a major defense acquisition program. "(d) IMPARTIALITY OF CONTRACTOR TESTING I*ERSONNEL.—In the case of a major defense acquisition program (as defined in subsection (a)(2)), no person employed by the contractor for the system being t^ted may be involved in the conduct of the operational test and evaluation required under subsection (a). The limitation in the preceding sentence does not apply to the extent that the Secretary of Defense plans for persons employed by that contractor to be involved in the operation, maintenance, and support of the system being tested when the system is deployed in combat. "(e) IMPARTIAL CONTRACTED ADVISORY AND ASSISTANCE SERVICES. — (1) The Director may not contract with any person for advisory and assistance services with regard to the test and evaluation of a system if that person participated in (or is participating in) the development, production, or testing of such system for a militery department or Defense Agency (or for smother contractor of the ^ Department of Defense). (2) The Director may waive the limitetion under paragraph (1) in any case if the Director determines in writing that sufficient steps have been taken to ensure the impartiality of the contractor in providing the services. The Inspector General of the Department of Reports. Defense shall review each such waiver and shall include in the Inspector General's semi-cmnual report an assessment of those waiv- ers made since the last such report. '{'- "(3) A contractor that has participated in (or is participating in) the development, production, or testing of a system for a military department or Defense Agency (or for another contractor of the Department of Defense) may not be involved (in any way) in the establishment of criteria for date collection, performance assessment, or evaluation activities for the operational test and evaluation. "(f) SOURCE OF FUNDS FOR TESTING. —The costs for all tests re- quired under subsection (a) shall be paid from funds available for ^ the system being tested. "(g) DIRECTOR S ANNUAL REPORT. — As part of the annual report of the Director under section 138 of this title, the Director shall describe for each program covered in the report the stetus of test and evaluation activities in comparison with the test and evaluation master plan for that program, as approved by the Director. The Director shall include in such annu£d report a description of each waiver granted under subsection (e)(2) since the last such report. "(h) DEFiNmoNS.—In this section: "(1) The term 'operational test and evaluation' has the mean- ing given that term in section 138(a)(2)(A) of this title. For
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