of the services in the regulations is necessary to identify and evaluate 
the potential for conflicts of interest that could be prejudicial to the 
interests of the United States; and 
(3) other services related to Federal contracts as specified in the reg-
ulations prescribed under subsection (a) to the extent necessary to 
identify and evaluate the potential for conflicts of interest that could 
be prejudicial to the interests of the United States. 
(c) INTELLIGENCE ACTIVITIES EXEMPTION.— 
(1) ACTIVITIES THAT MAY BE EXEMPT.—Intelligence activities as de-
fined in section 3.4(e) of Executive Order No. 12333 or a comparable 
definitional section in any successor order may be exempt from the reg-
ulations required by subsection (a). 
(2) REPORT.—The Director of National Intelligence shall report to 
the Intelligence and Appropriations Committees of Congress each Jan-
uary 1, delineating the activities and organizations that have been ex-
empted under paragraph (1). 
(d) PRESIDENTIAL DETERMINATION.—Before the regulations required by 
subsection (a) are prescribed, the President shall determine if prescribing 
the regulations will have a significantly adverse effect on the accomplish-
ment of the mission of the Defense Department or another Federal agency. 
If the President determines that the regulations will have such an adverse 
effect, the President shall so report to the appropriate committees of the 
Senate and the House of Representatives, stating in full the reasons for the 
determination. If such a report is submitted, the requirement for the regula-
tions shall be null and void. 
§ 2305. Authority of Director of Office of Management and 
Budget not affected 
This division does not limit the authorities and responsibilities of the Di-
rector of the Office of Management and Budget in effect on December 1, 
1983. 
§ 2306. Openness of meetings 
The Administrator by regulation shall require that— 
(1) formal meetings of the Office of Federal Procurement Policy, as 
designated by the Administrator, for developing procurement policies 
and regulations be open to the public; and 
(2) public notice of each meeting be given not less than 10 days 
prior to the meeting. 
§ 2307. Comptroller General’s access to information 
The Administrator and personnel in the Office of Federal Procurement 
Policy shall furnish information the Comptroller General may require to dis-
charge the responsibilities of the Comptroller General. For this purpose, the 
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Comptroller General or his representatives shall have access to all books, 
documents, papers, and records of the Office of Federal Procurement Pol-
icy. 
§ 2308. Modular contracting for information technology 
(a) USE.—To the maximum extent practicable, the head of an executive 
agency should use modular contracting for an acquisition of a major system 
of information technology. 
(b) MODULAR CONTRACTING DESCRIBED.—Under modular contracting, 
an executive agency’s need for a system is satisfied in successive acquisi-
tions of interoperable increments. Each increment complies with common or 
commercially accepted standards applicable to information technology so 
that the increments are compatible with other increments of information 
technology comprising the system. 
(c) PROVISIONS IN FEDERAL ACQUISITION REGULATION.—The Federal 
Acquisition Regulation shall provide that— 
(1) under the modular contracting process, an acquisition of a major 
system of information technology may be divided into several smaller 
acquisition increments that— 
(A) are easier to manage individually than would be one com-
prehensive acquisition; 
(B) address complex information technology objectives incre-
mentally in order to enhance the likelihood of achieving workable 
solutions for attaining those objectives; 
(C) provide for delivery, implementation, and testing of work-
able systems or solutions in discrete increments, each of which 
comprises a system or solution that is not dependent on a subse-
quent increment in order to perform its principal functions; and 
(D) provide an opportunity for subsequent increments of the ac-
quisition to take advantage of any evolution in technology or needs 
that occurs during conduct of the earlier increments; 
(2) to the maximum extent practicable, a contract for an increment 
of an information technology acquisition should be awarded within 180 
days after the solicitation is issued and, if the contract for that incre-
ment cannot be awarded within that period, the increment should be 
considered for cancellation; and 
(3) the information technology provided for in a contract for acquisi-
tion of information technology should be delivered within 18 months 
after the solicitation resulting in award of the contract was issued. 
§ 2309. Protection of constitutional rights of contractors 
(a) PROHIBITION ON REQUIRING WAIVER OF RIGHTS.—A contractor may 
not be required, as a condition for entering into a contract with the Federal 
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Government, to waive a right under the Constitution for a purpose relating 
to the Chemical Weapons Convention Implementation Act of 1998 (22 
U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in 
section 3 of that Act (22 U.S.C. 6701)). 
(b) PERMISSIBLE CONTRACT CLAUSES.—Subsection (a) does not prohibit 
an executive agency from including in a contract a clause that requires the 
contractor to permit inspections to ensure that the contractor is performing 
the contract in accordance with the provisions of the contract. 
§ 2310. Performance-based contracts or task orders for serv-
ices to be treated as contracts for the procurement 
of commercial items 
(a) CRITERIA.—A performance-based contract for the procurement of 
services entered into by an executive agency or a performance-based task 
order for services issued by an executive agency may be treated as a con-
tract for the procurement of commercial items if— 
(1) the value of the contract or task order is estimated not to exceed 
$25,000,000; 
(2) the contract or task order sets forth specifically each task to be 
performed and, for each task— 
(A) defines the task in measurable, mission-related terms; 
(B) identifies the specific end products or output to be achieved; 
and 
(C) contains firm, fixed prices for specific tasks to be performed 
or outcomes to be achieved; and 
(3) the source of the services provides similar services to the general 
public under terms and conditions similar to those offered to the Fed-
eral Government. 
(b) REGULATIONS.—Regulations implementing this section shall require 
agencies to collect and maintain reliable data sufficient to identify the con-
tracts or task orders treated as contracts for commercial items using the 
authority of this section. The data may be collected using the Federal Pro-
curement Data System or other reporting mechanism. 
(c) REPORT.—Not later than 2 years after November 24, 2003, the Di-
rector of the Office of Management and Budget shall prepare and submit 
to the Committees on Homeland Security and Governmental Affairs and on 
Armed Services of the Senate and the Committees on Oversight and Gov-
ernment Reform and on Armed Services of the House of Representatives 
a report on the contracts or task orders treated as contracts for commercial 
items using the authority of this section. The report shall include data on 
the use of the authority, both government-wide and for each department 
and agency. 
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(d) EXPIRATION.—The authority under this section expires 10 years after 
November 24, 2003. 
§ 2311. Enhanced transparency on interagency contracting 
and other transactions 
The Director of the Office of Management and Budget shall direct appro-
priate revisions to the Federal Procurement Data System or any successor 
system to facilitate the collection of complete, timely, and reliable data on 
interagency contracting actions and on transactions other than contracts, 
grants, and cooperative agreements issued pursuant to section 2371 of title 
10 or similar authorities. The Director of the Office of Management and 
Budget shall ensure that data, consistent with what is collected for contract 
actions, is obtained on— 
(1) interagency contracting actions, including data at the task or de-
livery-order level; and 
(2) other transactions, including the initial award and any subse-
quent modifications awarded or orders issued (other than transactions 
that are reported through the Federal Assistance Awards Data Sys-
tem). 
§ 2312. Contingency Contracting Corps 
(a) DEFINITION.—In this section, the term ‘‘Corps’’ means the Contin-
gency Contracting Corps established in subsection (b). 
(b) ESTABLISHMENT.—The Administrator of General Services, pursuant 
to policies established by the Office of Management and Budget, and in con-
sultation with the Secretary of Defense and the Secretary of Homeland Se-
curity, shall establish a Government-wide Contingency Contracting Corps. 
(c) Function.—The members of the Corps shall be available for deploy-
ment in responding to an emergency or major disaster, or a contingency op-
eration, both within or outside the continental United States. 
(d) APPLICABILITY.—The authorities provided in this section apply with 
respect to any procurement of property or services by or for an executive 
agency that, as determined by the head of the executive agency, are to be 
used— 
(1) in support of a contingency operation as defined in section 
101(a)(13) of title 10; or 
(2) to respond to an emergency or major disaster as defined in sec-
tion 102 of the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5122). 
(e) MEMBERSHIP.—Membership in the Corps shall be voluntary and open 
to all Federal employees and members of the Armed Forces who are mem-
bers of the Federal acquisition workforce. 
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