Page:United States Statutes at Large Volume 124.djvu/4316

124 STAT. 4290 PUBLIC LAW 111–383—JAN. 7, 2011 to provide for periodic independent performance assessments of elements of the defense acquisition system for the purpose of— ‘‘(1) determining the extent to which such elements of the defense acquisition system deliver value to the Department of Defense, taking into consideration the performance elements identified in subsection (b); ‘‘(2) assisting senior officials of the Department of Defense in identifying and developing lessons learned from best prac- tices and shortcomings in the performance of such elements of the defense acquisition system; and ‘‘(3) assisting senior officials of the Department of Defense in developing acquisition workforce excellence under section 1701a of this title ‘‘(b) AREAS CONSIDERED IN PERFORMANCE ASSESSMENTS.—(1) Each performance assessment conducted pursuant to subsection (a) shall consider, at a minimum— ‘‘(A) the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and ‘‘(B) the staffing and quality of the acquisition workforce and the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths. ‘‘(2) The Secretary of Defense shall ensure that the performance assessments required by this section are appropriately tailored to reflect the diverse nature of the work performed by each element of the defense acquisition system. In addition to the mandatory areas under paragraph (1), a performance assessment may consider, as appropriate, specific areas of acquisition concern, such as— ‘‘(A) the selection of contractors, including— ‘‘(i) the extent of competition and the use of exceptions to competition requirements; ‘‘(ii) compliance with Department of Defense policies regarding the participation of small business concerns and various categories of small business concerns, including the use of contract bundling and the availability of non- bundled contract vehicles; ‘‘(iii) the quality of market research; ‘‘(iv) the effective consideration of contractor past performance; and ‘‘(v) the number of bid protests, the extent to which such bid protests have been successful, and the reasons for such success; ‘‘(B) the negotiation of contracts, including— ‘‘(i) the appropriate application of section 2306a of this title (relating to truth in negotiations); ‘‘(ii) the appropriate use of contract types appropriate to specific procurements; ‘‘(iii) the appropriate use of performance requirements; ‘‘(iv) the appropriate acquisition of technical data and other rights and assets necessary to support long-term sustainment and follow-on procurement; and ‘‘(v) the timely definitization of any undefinitized con- tract actions; and ‘‘(C) the management of contractor performance, including—