Page:United States Statutes at Large Volume 119.djvu/3400

 119 STAT. 3382

PUBLIC LAW 109–163—JAN. 6, 2006

(c) APPLICABILITY OF ACQUISITION REGULATIONS.—Such section is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): ‘‘(f)(1) If a lease or charter covered by this section is a capital lease or a lease-purchase— ‘‘(A) the lease or charter shall be treated as an acquisition and shall be subject to all applicable statutory and regulatory requirements for the acquisition of aircraft, naval vessels, or combat vehicles; and ‘‘(B) funds appropriated to the Department of Defense for operation and maintenance may not be obligated or expended for the lease or charter. ‘‘(2) In this subsection, the terms ‘capital lease’ and ‘leasepurchase’ have the meanings given those terms in Appendix B to Office of Management and Budget Circular A–11, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006.’’. (d) CONFORMING AND CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is amended to read as follows: ‘‘§ 2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles’’. (2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 141 of such title is amended by striking the item relating to section 2401 and inserting the following new item: ‘‘2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles.’’. 10 USC 2305 note.

SEC. 816. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall prescribe guidance for the military departments and the Defense Agencies on the use of tiered evaluations of offers for contracts and for task or delivery orders under contracts. (b) ELEMENTS.—The guidance prescribed under subsection (a) shall include a prohibition on the initiation by a contracting officer of a tiered evaluation of an offer for a contract or for a task or delivery order under a contract unless the contracting officer— (1) has conducted market research in accordance with part 10 of the Federal Acquisition Regulation in order to determine whether or not a sufficient number of qualified small businesses are available to justify limiting competition for the award of such contract or task or delivery order under applicable law and regulations; (2) is unable, after conducting market research under paragraph (1), to make the determination described in that paragraph; and (3) includes in the contract file a written explanation of why such contracting officer was unable to make such determination. 10 USC 2302 note.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

SEC. 817. JOINT POLICY ON CONTINGENCY CONTRACTING.

(a) JOINT POLICY.—

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