Federal · Title 10 — Armed Forces
10 U.S.C. § 3105: Elements of the defense acquisition system: performance assessments
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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); 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 assisting senior officials of the Department of Defense in developing acquisition workforce excellence under section 1701a of this title . the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and the staffing and quality of the acquisition workforce and the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths. the extent of competition and the use of exceptions to competition requirements; 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; the quality of market research; the effective consideration of contractor past performance; and the number of bid protests, the extent to which such bid protests have been successful, and the reasons for such success; the appropriate application of sections 3701 through 3708 of this title (relating to truth in negotiations); the appropriate use of contract types appropriate to specific procurements; the appropriate use of performance requirements; the appropriate acquisition of technical data and other rights and assets necessary to support long-term sustainment and follow-on procurement; and the timely definitization of any undefinitized contract actions; and the assignment of appropriately qualified contracting officer representatives and other contract management personnel; the extent of contract disputes, the reasons for such disputes, and the extent to which they have been successfully addressed; the appropriate consideration of long-term sustainment and energy efficiency objectives; and the appropriate use of integrated testing. 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; the frequency with which such performance assessments should be conducted; goals, standards, tools, and metrics for use in conducting performance assessments; the composition of the teams designated to perform performance assessments; any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments; procedures for tracking the implementation of recommendations made pursuant to performance assessments; procedures for developing and disseminating lessons learned from performance assessments; and procedures for ensuring that information from performance assessments are retained electronically and are provided in a timely manner to the Under Secretary of Defense for Acquisition and Sustainment and the Director of the Office of Performance Assessment and Root Cause Analysis as needed to assist them in performing their responsibilities under this section.
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