In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, only if—

1. (a) The contract prohibits the contractor from performing inherently governmental functions;

2. (b) The DoD organization responsible for the development or production of the major system ensures that Federal employees are responsible for determining—

   1. (1) Courses of action to be taken in the best interest of the Government; and
   2. (2) Best technical performance for the warfighter; and
3. (c) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.

[74 FR 34269, July 15, 2009]