[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6540 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 6540


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                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2010

                                Received

                           December 22, 2010

       Read twice and referred to the Committee on Armed Services

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                                 AN ACT


 
To require the Secretary of Defense, in awarding a contract for the KC-
X Aerial Refueling Aircraft Program, to consider any unfair competitive 
                 advantage that an offeror may possess.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Level Playing Field Act''.

SEC. 2. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF 
              OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.

    (a) Requirement To Consider Unfair Competitive Advantage.--In 
awarding a contract for the KC-X aerial refueling aircraft program (or 
any successor to that program), the Secretary of Defense shall, in 
evaluating any offers submitted to the Department of Defense in 
response to a solicitation for offers for such program, consider any 
unfair competitive advantage that an offeror may possess.
    (b) Report.--Not later than 60 days after submission of offers in 
response to any such solicitation, the Secretary of Defense shall 
submit to the congressional defense committees a report on any unfair 
competitive advantage that any offeror may possess.
    (c) Requirement To Take Findings Into Account in Award of 
Contract.--In awarding a contract for the KC-X aerial refueling 
aircraft program (or any successor to that program), the Secretary of 
Defense shall take into account the findings of the report submitted 
under subsection (b).
    (d) Unfair Competitive Advantage.--In this section, the term 
``unfair competitive advantage'', with respect to an offer for a 
contract, means a situation in which the cost of development, 
production, or manufacturing is not fully borne by the offeror for such 
contract.

            Passed the House of Representatives December 21, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.