10 U.S.C. § 2548
Section 2548 · Renumbered § 3105]
Current version, with additions and removals from the January 7, 2011 version.
(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);
(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 practices and shortcomings in the performance of such elements of the defense acquisition system; and
(2) assisting senior officials of the Department of Defense in identifying and developing lessons learned from best practices and shortcomings in the performance of such elements of the defense acquisition system; and
(b) Areas Considered in Performance Assessments.—(1) Each performance assessment conducted pursuant to subsection (a) shall consider, at a minimum—
(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
(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.
(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—
(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—
(A) the selection of contractors, including—
(i) the extent of competition and the use of exceptions to competition requirements;
(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;
(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;
(iii) the quality of market research;
(iv) the effective consideration of contractor past performance; and
(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;
(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—
(B) the negotiation of contracts, including—
(i) the appropriate application of section 2306a of this title (relating to truth in negotiations);
(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;
(ii) the appropriate use of contract types appropriate to specific procurements;
(iii) the appropriate use of performance requirements;
(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
(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 contract actions; and
(v) the timely definitization of any undefinitized contract actions; and
(C) the management of contractor performance, including—
(C) the management of contractor performance, including—
(i) the assignment of appropriately qualified contracting officer representatives and other contract management personnel;
(i) the assignment of appropriately qualified contracting officer representatives and other contract management personnel;
(ii) the extent of contract disputes, the reasons for such disputes, and the extent to which they have been successfully addressed;
(ii) the extent of contract disputes, the reasons for such disputes, and the extent to which they have been successfully addressed;
(iii) the appropriate consideration of long-term sustainment and energy efficiency objectives; and
(iii) the appropriate consideration of long-term sustainment and energy efficiency objectives; and
(iv) the appropriate use of integrated testing.
(iv) the appropriate use of integrated testing.
(c) Contents of Guidance.—The guidance issued pursuant to subsection (a) shall ensure that each element of the defense acquisition system is subject to a performance assessment under this section not less often than once every four years, and shall address, at a minimum—
(c) Contents of Guidance.—The guidance issued pursuant to subsection (a) shall ensure that each element of the defense acquisition system is subject to a performance assessment under this section not less often than once every four years, and shall address, at a minimum—
(1) the designation of elements of the defense acquisition system that are subject to performance assessment at an organizational level that ensures such assessments can be performed in an efficient and integrated manner;
(1) the designation of elements of the defense acquisition system that are subject to performance assessment at an organizational level that ensures such assessments can be performed in an efficient and integrated manner;
(2) the frequency with which such performance assessments should be conducted;
(2) the frequency with which such performance assessments should be conducted;
(3) goals, standards, tools, and metrics for use in conducting performance assessments;
(3) goals, standards, tools, and metrics for use in conducting performance assessments;
(4) the composition of the teams designated to perform performance assessments;
(4) the composition of the teams designated to perform performance assessments;
(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments;
(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments;
(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments;
(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments;
(7) procedures for developing and disseminating lessons learned from performance assessments; and
(7) procedures for developing and disseminating lessons learned from performance assessments; and
(e) Reporting Requirements.—Beginning with fiscal year 2012—
(2) the annual report prepared by the Director of the Office of Performance Assessment and Root Cause Analysis pursuant to section 103(f) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2430 note), shall include information on the activities undertaken by the Department pursuant to such section, including a summary of significant findings or recommendations arising out of performance assessments.