PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 395 demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under Department of Defense contracts for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. In selecting the contracting activities to undertake demonstration projects, the Secretary shall take such action as is necessary to ensure that a broad range of the supplies and services acquired by the Department of Defense are included in the test program.". (b) COVERED CONTRACTORS.— Subsection (b) of such section is amended by striking out paragraph (3) and inserting in lieu thereof the following: "(3) A Department of Defense contractor referred to in paragraph (1) is, with respect to a comprehensive subcontracting plan negotiated in any fiscal year, a business concern that, during the immediately preceding fiscal year, furnished the Department of Defense with supplies or services (including professional services, research and development services, and construction services) pursuant to at least three Department of Defense contracts having an aggregate value of at least $5,000,000.". (c) TECHNICAL AMENDMENTS. —Such section is amended— (1) by striking out subsection (g); and (2) by redesignating subsection (h) as subsection (g). SEC. 812. PROCUREMENT OF ITEMS FOR EXPERiMENTAL OR TEST PURPOSES. Section 2373(b) of title 10, United States Code, is amended by inserting "only" after "applies" in the second sentence. SEC. 813. USE OF FUNDS FOR ACQUISITION OF DESIGNS, PROCESSES, TECHNICAL DATA, AND COMPUTER SOFTWARE. Section 2386(3) of title 10, United States Code, is amended to read as follows: "(3) Design and process data, technical data, and computer software.". SEC. 814. INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE ACQUISITION PROGRAMS. Section 2434(b)(1)(A) of title 10, United States Code, is amended to read as follows: "(A) be prepared— "(i) by an office or other entity that is not under the supervision, direction, or control of the military department. Defense Agency, or other component of the Department of Defense that is directly responsible for carrying out the development or acquisition of the program; or "(ii) if the decision authority for the program has been delegated to an official of a military department. Defense Agency, or other component of the Department of Defense, by an office or other entity that is not directly responsible for carrying out the development or acquisition of the program; and".
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