[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 189 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 189

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2011

  Mr. Moran (for himself, Ms. Cantwell, Mr. Roberts, Mrs. Murray, Mr. 
 Blunt, Mrs. McCaskill, and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
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) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given such term in section 101(a)(16) of title 10, 
        United States Code.
            (2) 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.
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