II 112th CONGRESS 1st Session S. 189 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.

1.

Short title

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

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.