Page:United States Statutes at Large Volume 121.djvu/195

 121 STAT. 174

Certification.

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Certification.

VerDate Aug 31 2005

13:52 Jan 23, 2009

PUBLIC LAW 110–28—MAY 25, 2007

higher-level team assigned to the oversight of each integrated product team. (7) A requirement that the Commandant of the Coast Guard may not award or issue any contract, task or delivery order, letter contract modification thereof, or other similar contract, for the acquisition or modification of an asset under a procurement subject to subsection (b) unless the Coast Guard and the contractor concerned have formally agreed to all terms and conditions or the head of contracting activity for the Coast Guard determines that a compelling need exists for the award or issue of such instrument. (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS COVERED.—Subsection (a) applies to— (1) any major procurement contract, first-tier subcontract, delivery or task order entered into by the Coast Guard; (2) any first-tier subcontract entered into under such a contract; and (3) any task or delivery order issued pursuant to such a contract or subcontract. (c) EXPENDITURE OF DEEPWATER FUNDS.—Of the funds available for the Integrated Deepwater Systems program, $650,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive an expenditure plan directly from the Coast Guard that— (1) defines activities, milestones, yearly costs, and lifecycle costs for each procurement of a major asset; (2) identifies life-cycle staffing and training needs of Coast Guard project managers and of procurement and contract staff; (3) identifies competition to be conducted in each procurement; (4) describes procurement plans that do not rely on a single industry entity or contract; (5) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/indefinite quantity contracts; (6) complies with all applicable acquisition rules, requirements, and guidelines, and incorporates the best systems acquisition management practices of the Federal Government; (7) complies with the capital planning and investment control requirements established by the Office of Management and Budget, including circular A–11, part 7; (8) includes a certification by the head of contracting activity for the Coast Guard and the Chief Procurement Officer of the Department of Homeland Security that the Coast Guard has established sufficient controls and procedures and has sufficient staffing to comply with all contracting requirements, and that any conflicts of interest have been sufficiently addressed; (9) includes a description of the process used to act upon deviations from the contractually specified performance requirements and clearly explains the actions taken on such deviations; (10) includes a certification that the Assistant Commandant of the Coast Guard for Engineering and Logistics is designated as the technical authority for all engineering, design, and logistics decisions pertaining to the Integrated Deepwater Systems program; and (11) identifies progress in complying with the requirements of subsection (a).

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