Pub. L. 112-239, div. A, tit. VIII, subtit. A, sec. 802 (as amended)
REVIEW AND JUSTIFICATION OF PASS-THROUGH CONTRACTS.
SEC. 802. [10 U.S.C. 2304 note] REVIEW AND JUSTIFICATION OF PASS-THROUGH CONTRACTS.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall issue such guidance and regulations as may be necessary to ensure that in any case in which an offeror for a contract or a task or delivery order informs the agency pursuant to section 52.215-22 of the Federal Acquisition Regulation that the offeror intends to award subcontracts for more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the contracting officer for the contract is required to—
(1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with a subcontractor or subcontractors that will perform the bulk of the work;
(2) make a written determination that the contracting approach selected is in the best interest of the Government; and
(3) document the basis for such determination.
- Cross-references to the US Code
- 10 U.S.C. 2304 note