207.106  Additional requirements for major systems.

(b)

(1)

(A)  The contracting officer is prohibited by 10 U.S.C. 2305(d)(4)(A) from requiring offers for development or production of major systems that would enable the Government to use technical data to competitively reprocure identical items or components of the system if the item or component were developed exclusively at private expense, unless the contracting officer determines that-

(1)  The original supplier of the item or component will be unable to satisfy program schedule or delivery requirements;

(2)  Proposals by the original supplier of the item or component to meet mobilization requirements are insufficient to meet the agency's mobilization needs; or

(3)  The Government is otherwise entitled to unlimited rights in technical data.

(B)  If the contracting officer makes a determination, under paragraphs (b)(1)(A)(1) and (2) of this section, for a competitive solicitation, 10 U.S.C. 2305(d)(4)(B) requires that the evaluation of items developed at private expense be based on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system.

(S-70)

(1) In accordance with Section 802(a) of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and DoD policy requirements, acquisition plans for major weapon systems and subsystems of major weapon systems shall-

(i)  Assess the long-term technical data and computer software needs of those systems and subsystems; and

(ii)  Establish acquisition strategies that provide for the technical data and computer software deliverables and associated license rights needed to sustain those systems and subsystems over their life cycle. The strategy may include-

(A)  The development of maintenance capabilities within DoD; or

(B)  Competition for contracts for sustainment of the systems or subsystems.

(2)  Assessments and corresponding acquisition strategies developed under this section shall-

(i)  Be developed before issuance of a solicitation for the weapon system or subsystem;

(ii)  Address the merits of including a priced contract option for the future delivery of technical data and computer software, and associated license rights, that were not acquired upon initial contract award;

(iii)  Address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and

(iv)  Apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapon systems and subsystems that are to be supported by other sustainment approaches.

(S-71) See 209.570 for policy applicable to acquisition strategies that consider the use of lead system integrators.