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S.Amdt. 4627Senate111th Congress (2009-2011)

S.Amdt. 4627

What it does: Adds SEC. 858. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM at the end of subtitle E of title VIII
Sponsored by Patty MurraySen. Patty Murray (D-WA)
Submitted September 21, 2010

What it changes

1 change to S. 3454 · shown in the bill's text

Adds a section

  1. Adds SEC. 858. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM at the end of subtitle E of title VIII

    Adds a section

    In S. 3454 · Placed on Calendar Senate

    (ii) in paragraph (3)(B), by striking "and the levels of support from allies and other friendly nations" and inserting "the levels of support from allies and other friendly nations, and the levels of contractor support".

    Inserted: SEC. 858. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.

    Inserted: (a) Requirement To Consider Unfair Competitive Advantage.--In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall, in evaluating any offers submitted to the Department of Defense in response to a solicitation for offers for such program, consider any unfair competitive advantage that an offeror may possess.

    Inserted: (b) Report.--Not later than 60 days after submission of offers in response to any such solicitation, the Secretary of Defense shall submit to the congressional defense committees a report on any unfair competitive advantage that any offeror may possess.

    Inserted: (c) Requirement To Take Findings Into Account in Award of Contract.--In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall take into account the findings of the report submitted under subsection (b).

    Inserted: (d) Unfair Competitive Advantage.--In this section, the term "unfair competitive advantage", with respect to an offer for a contract, means a situation in which the cost of development, production, or manufacturing is not fully borne by the offeror for such contract.

    Original wording

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

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

As printed

SA 4627. Mrs. MURRAY (for herself, Mr. Brownback, Ms. Cantwell, and Mr. Graham) submitted an amendment intended to be proposed by her to the bill S. 3454, to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 858. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.

(a) Requirement To Consider Unfair Competitive Advantage.--In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall, in evaluating any offers submitted to the Department of Defense in response to a solicitation for offers for such program, consider any unfair competitive advantage that an offeror may possess.

(b) Report.--Not later than 60 days after submission of offers in response to any such solicitation, the Secretary of Defense shall submit to the congressional defense committees a report on any unfair competitive advantage that any offeror may possess.

(c) Requirement To Take Findings Into Account in Award of Contract.--In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall take into account the findings of the report submitted under subsection (b).

(d) Unfair Competitive Advantage.--In this section, the term “unfair competitive advantage”, with respect to an offer for a contract, means a situation in which the cost of development, production, or manufacturing is not fully borne by the offeror for such contract.

Congressional RecordPDF

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Senate amendment submitted

September 21, 2010