§ 2383. Contractor performance of acquisition functions closely associated with inherently governmental functions

• (a) The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that—
  • (1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;
  • (2) appropriate military or civilian personnel of the Department of Defense are—
    • (A) to supervise contractor performance of the contract; and
    • (B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and
  • (3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.
• (b) In this section:
  • (1) The term “head of an agency” has the meaning given such term in section 2302(1) of this title , except that such term does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.
  • (2) The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.
  • (3) The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.
  • (4) The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.