S.Amdt. 2248

1. Adds SEC. 865. CONTRACTOR CONFLICTS OF INTEREST at the end of subtitle D of title VIII

   Adds a section

   Inserted: SEC. 865. CONTRACTOR CONFLICTS OF INTEREST.

   Inserted: (a) Prohibition on Contracts Relating to Inherently Governmental Functions.--The head of an agency may not enter into a contract for the performance of any inherently governmental function.

   Inserted: (b) Prohibition on Contracts for Contract Oversight.--

   Inserted: (1) Prohibition.--The head of an agency may not enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions with any entity unless the head of the agency determines in writing that--

   Inserted: (A) neither that entity nor any related entity will be responsible for performing any of the work under a contract which the entity will help plan, evaluate, select a source, manage or oversee; and

   Inserted: (B) the agency has taken appropriate steps to prevent or mitigate any organizational conflict of interest that may arise because the entity--

   Inserted: (i) has a separate ongoing business relationship, such as a joint venture or contract, with any of the contractors to be overseen;

   Inserted: (ii) would be placed in a position to affect the value or performance of work it or any related entity is doing under any other Government contract;

   Inserted: (iii) has a reverse role with the contractor to be overseen under one or more separate Government contracts; or

   Inserted: (iv) has some other relationship with the contractor to be overseen that could reasonably appear to bias the contractor's judgment.

   Inserted: (2) Related entity defined.--In this subsection, the term "related entity", with respect to a contractor, means any subsidiary, parent, affiliate, joint venture, or other entity related to the contractor.

   Inserted: (c) Definitions.--In this section:

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   Inserted: (1) The term "agency" means the Department of Defense, and any department, agency, and element of the Department of Defense, and includes the Coast Guard when it is operating as a service in the Navy.

   Inserted: (2) The term "inherently governmental functions" has the meaning given to such term in part 7.5 of the Federal Acquisition Regulation.

   Inserted: (3) The term "functions closely associated with governmental functions" means the functions described in section 7.503(d) of the Federal Acquisition Regulation.

   Inserted: (4) The term "organizational conflict of interest" has the meaning given such term in part 9.5 of the Federal Acquisition Regulation.

   Inserted: (d) Effective Date and Applicability.--This section shall take effect on the date of the enactment of this Act and shall apply to--

   Inserted: (1) contracts entered into on or after such date;

   Inserted: (2) any task or delivery order issued on or after such date under a contract entered into before, on, or after such date; and

   Inserted: (3) any decision on or after such date to exercise an option or otherwise extend a contract for the performance of a function relating to contract oversight regardless of whether such contract was entered into before, on, or after such date.

   Original wording

   At the end of subtitle D of title VIII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed