123STA T . 1 7 21 PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9lev el (atsuch t i e ro rtiersasarea p propriate ) o f such pro g ra m throughout the life - c y cle of such program as a mea n s to improve contractor performance
an d ( 2 ) ade q uate documentation of the rationale for the selec- tion of the su b contract tier or tiers under paragraph ( 1 ) . (b) MEASUR ES TOEN SURE C O MP E TI TION. — The measures to ensure competition , or the option of competition, for purposes of subsection (a)(1) may include measures to achieve the follo w ing, in appropriate cases if such measures are cost-effective
(1) Competitive prototyping. (2) D ual-sourcing. ( 3 ) U nbundling of contracts. ( 4 ) F unding of ne x t-generation prototype systems or sub- systems. ( 5 ) Use of modular, open architectures to enable competi- tion for upgrades. ( 6 ) Use of build-to-print approaches to enable production through multiple sources. ( 7 ) A cquisition of complete technical data pac k ages. ( 8 ) P eriodic competitions for subsystem upgrades. ( 9 ) L icensing of additional suppliers. (1 0 ) Periodic system or program reviews to address long- term competitive effects of program decisions. (c) A D DITIONA L MEASURES TO ENSURE COMPETITION AT S U B - C ONTRACT LE V EL.—The Secretary shall take actions to ensure fair and ob j ective ‘ ‘make-buy ’ ’ decisions by prime contractors on major defense acquisition programs by— (1) requiring prime contractors to give full and fair consid- eration to qualified sources other than the prime contractor for the development or construction of major subsystems and components of major weapon systems; (2) providing for government surveillance of the process by which prime contractors consider such sources and deter- mine whether to conduct such development or construction in-house or through a subcontract; and (3) providing for the assessment of the extent to which a contractor has given full and fair consideration to qualified sources other than the contractor in sourcing decisions as a part of past performance evaluations. (d) CONSIDERATION O F COMPETITION T H ROU G HOUT O PERATION AND SUSTAINMENT OF MA J OR W EAPON S Y STEMS.—Whenever a deci- sion regarding source of repair results in a plan to award a contract for performance of maintenance and sustainment of a major weapon system, the Secretary shall take actions to ensure that, to the maximum extent practicable and consistent with statutory require- ments, contracts for such maintenance and sustainment are awarded on a competitive basis and give full consideration to all sources (including sources that partner or subcontract with public or private sector repair activities). (e) APPLICABILITY.— (1) STRATEGY AND MEASURES TO ENSURE COMPETITION.— The requirements of subsections (a) and (b) shall apply to any acquisition plan for a major defense acquisition program that is developed or revised on or after the date that is 60 days after the date of the enactment of this Act.
