§1105 — Title 14 Coast Guard | U.S. Code

Summary

The Commandant cannot hire a private company to serve as a lead systems integrator. The Commandant must use full and open competition for any acquisition contract unless an exception applies under federal acquisition laws and the regulations made under those laws, including the Federal Acquisition Regulation. This does not change authorities under the Small Business Act (15 U.S.C. 631 et seq.). A lead systems integrator or a Tier 1 subcontractor may not have a financial stake in lower-tier subcontractors, except in four cases: the lower-tier subcontractor was chosen by the prime contractor through full and open competition; the award was made by the integrator or a subcontractor through full and open competition; the award was made by a subcontractor through a process the integrator or Tier 1 did not control; or the Commandant finds the award followed federal acquisition laws and the Federal Acquisition Regulation. The term “lead systems integrator” is defined in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163).

Title 14, §1105

Coast Guard — Source: USLM XML via OLRC

(a)(1)The Commandant may not use a private sector entity as a lead systems integrator.

(2)The Commandant shall use full and open competition for any acquisition contract unless otherwise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation.

(3)Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.).

(b)Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless—

(1)the subcontractor was selected by the prime contractor through full and open competition for such procurement;

(2)the procurement was awarded by an entity performing lead systems integrator functions or a subcontractor through full and open competition;

(3)the procurement was awarded by a subcontractor through a process over which the entity performing lead systems integrator functions or a Tier 1 subcontractor exercised no control; or

(4)the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation.

(c)In this section, the term “lead systems integrator” has the meaning given such term in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Small Business Act, referred to in subsec. (a)(3), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 631 of Title 15 and Tables. section 805(c) of the National Defense Authorization Act for Fiscal Year 2006, referred to in subsec. (c), is section 805(c) of Pub. L. 109–163, div. A, title VIII, Jan. 6, 2006, 119 Stat. 3372, which is not classified to the Code.

Amendments

2025—Subsec. (c). Pub. L. 119–60 added subsec. (c). 2018—Pub. L. 115–282, § 108(b), renumbered section 564 of this title as this section. Subsec. (c). Pub. L. 115–282, § 304(d), struck out subsec. (c) which related to acquisition of unmanned aerial systems. 2016—Subsec. (c). Pub. L. 114–328 added subsec. (c). 2012—Pub. L. 112–213 amended section generally. Prior to amendment, section related to prohibition on use of lead systems integrators and provided for certain exceptions to such prohibition. 2010—Pub. L. 111–330 amended Pub. L. 111–281, § 402(a), which enacted this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 Amendment Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111–281.

§1105 Prohibition on Use of Lead Systems Integrators