H. R. 1585—200 
(6) RESOLUTION OF DISAGREEMENTS.—If the Inspector Gen-
eral of the Department of Defense and the Inspector General 
of a covered non-defense agency are unable to agree on a 
joint determination under this subsection, a determination by 
the Inspector General of the Department of Defense under 
this subsection shall be conclusive for the purposes of this 
section. 
(b) LIMITATION ON PROCUREMENTS ON BEHALF OF DEPARTMENT 
OF DEFENSE.— 
(1) Except as provided in paragraph (2), an acquisition 
official of the Department of Defense may place an order, 
make a purchase, or otherwise procure property or services 
for the Department of Defense in excess of the simplified 
acquisition threshold through a non-defense agency only if— 
(A) in the case of a procurement by any non-defense 
agency in any fiscal year, the head of the non-defense 
agency has certified that the non-defense agency will 
comply with defense procurement requirements for the 
fiscal year; 
(B) in the case of— 
(i) a procurement by a covered non-defense agency 
in a fiscal year for which a memorandum of under-
standing is required by subsection (a)(4), the Inspector 
General of the Department of Defense and the 
Inspector General of the covered non-defense agency 
have entered into such a memorandum of under-
standing; or 
(ii) a procurement by a covered non-defense agency 
in a fiscal year following the Inspectors General review 
and determination required by subsection (a), the 
Inspectors General have determined that a covered 
non-defense agency is compliant with defense procure-
ment requirements or have terminated a prior deter-
mination of non-compliance in accordance with sub-
section (a)(5); and 
(C) the procurement is not otherwise prohibited by 
section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364) or section 811 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163). 
(2) EXCEPTION FOR PROCUREMENTS OF NECESSARY PROPERTY 
AND SERVICES.— 
(A) IN GENERAL.—The limitation in paragraph (1) shall 
not apply to the procurement of property and services 
on behalf of the Department of Defense by a non-defense 
agency during any fiscal year for which there is in effect 
a written determination of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics that it is nec-
essary in the interest of the Department of Defense to 
procure property and services through the non-defense 
agency during such fiscal year. 
(B) SCOPE OF PARTICULAR EXCEPTION.—A written deter-
mination with respect to a non-defense agency under 
subparagraph (A) shall apply to any category of procure-
ments through the non-defense agency that is specified 
in the determination. 
(c) GUIDANCE ON INTERAGENCY CONTRACTING.—
H. R. 1585—201 
(1) REQUIREMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall issue 
guidance on the use of interagency contracting by the Depart-
ment of Defense. 
(2) MATTERS COVERED.—The guidance required by para-
graph (1) shall address the circumstances in which it is appro-
priate for Department of Defense acquisition officials to procure 
goods or services through a contract entered into by an agency 
outside the Department of Defense. At a minimum, the guid-
ance shall address— 
(A) the circumstances in which it is appropriate for 
such acquisition officials to use direct acquisitions; 
(B) the circumstances in which it is appropriate for 
such acquisition officials to use assisted acquisitions; 
(C) the circumstances in which it is appropriate for 
such acquisition officials to use interagency contracting 
to acquire items unique to the Department of Defense 
and the procedures for approving such interagency con-
tracting; 
(D) the circumstances in which it is appropriate for 
such acquisition officials to use interagency contracting 
to acquire items that are already being provided under 
a contract awarded by the Department of Defense; 
(E) tools that should be used by such acquisition offi-
cials to determine whether items are already being provided 
under a contract awarded by the Department of Defense; 
and 
(F) procedures for ensuring that defense procurement 
requirements are identified and communicated to outside 
agencies involved in interagency contracting. 
(d) COMPLIANCE
WITH
DEFENSE
PROCUREMENT
REQUIRE-
MENTS.—For the purposes of this section, a non-defense agency 
is compliant with defense procurement requirements if the procure-
ment policies, procedures, and internal controls of the non-defense 
agency applicable to the procurement of products and services on 
behalf of the Department of Defense, and the manner in which 
they are administered, are adequate to ensure the compliance of 
the non-defense agency with the requirements of laws and regula-
tions (including applicable Department of Defense financial manage-
ment regulations) that apply to procurements of property and serv-
ices made directly by the Department of Defense. 
(e) TREATMENT
OF PROCUREMENTS
FOR FISCAL YEAR PUR-
POSES.—For the purposes of this section, a procurement shall be 
treated as being made during a particular fiscal year to the extent 
that funds are obligated by the Department of Defense for the 
procurement in that fiscal year. 
(f) DEFINITIONS.—In this section: 
(1) NON-DEFENSE AGENCY.—The term ‘‘non-defense agency’’ 
means any department or agency of the Federal Government 
other than the Department of Defense. Such term includes 
a covered non-defense agency. 
(2) COVERED
NON-DEFENSE
AGENCY.—The term ‘‘covered 
non-defense agency’’ means each of the following: 
(A) The General Services Administration. 
(B) The Department of the Treasury. 
(C) The Department of the Interior.
H. R. 1585—202 
(D) The National Aeronautics and Space Administra-
tion. 
(E) The Department of Veterans Affairs. 
(F) The National Institutes of Health. 
(3) GOVERNMENT-WIDE ACQUISITION CONTRACT.—The term 
‘‘government-wide acquisition contract’’ means a task or 
delivery order contract that— 
(A) is entered into by a non-defense agency; and 
(B) may be used as the contract under which property 
or services are procured for one or more other departments 
or agencies of the Federal Government. 
(4) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘‘sim-
plified acquisition threshold’’ has the meaning provided by sec-
tion 2302(7) of title 10, United States Code. 
(5) INTERAGENCY
CONTRACTING.—The term ‘‘interagency 
contracting’’ means the exercise of the authority under section 
1535 of title 31, United States Code, or other statutory 
authority, for Federal agencies to purchase goods and services 
under contracts entered into or administered by other agencies. 
(6) ACQUISITION OFFICIAL.—The term ‘‘acquisition official’’, 
with respect to the Department of Defense, means— 
(A) a contracting officer of the Department of Defense; 
or 
(B) any other Department of Defense official authorized 
to approve a direct acquisition or an assisted acquisition 
on behalf of the Department of Defense. 
(7) DIRECT
ACQUISITION.—The term ‘‘direct acquisition’’, 
with respect to the Department of Defense, means the type 
of interagency contracting through which the Department of 
Defense orders an item or service from a government-wide 
acquisition contract maintained by a non-defense agency. 
(8) ASSISTED ACQUISITION.—The term ‘‘assisted acquisition’’, 
with respect to the Department of Defense, means the type 
of interagency contracting through which acquisition officials 
of a non-defense agency award a contract or task or delivery 
order for the procurement of goods or services on behalf of 
the Department of Defense. 
SEC. 802. LEAD SYSTEMS INTEGRATORS. 
(a) PROHIBITIONS
ON
THE USE
OF LEAD SYSTEMS INTEGRA-
TORS.— 
(1) PROHIBITION
ON
NEW
LEAD
SYSTEMS
INTEGRATORS.— 
Effective October 1, 2010, the Department of Defense may 
not award a new contract for lead systems integrator functions 
in the acquisition of a major system to any entity that was 
not performing lead systems integrator functions in the acquisi-
tion of the major system prior to the date of the enactment 
of this Act. 
(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND 
LOW-RATE INITIAL PRODUCTION.—Effective on the date of the 
enactment of this Act, the Department of Defense may award 
a new contract for lead systems integrator functions in the 
acquisition of a major system only if— 
(A) the major system has not yet proceeded beyond 
low-rate initial production; or 
(B) the Secretary of Defense determines in writing 
that it would not be practicable to carry out the acquisition