Page:United States Statutes at Large Volume 122.djvu/241

 12 2 STA T . 21 8PUBLIC LA W 11 0– 181 —J A N .28, 2008 (1)Subsection ( a )o f suc h section is a m en d edb y addin g at the end the fo l lo w ing new p a r agraph

‘( 7 ) I n the case of a contract in an amount e q ual to or greater than $50 0, 000,000, that the conditions required by sub - paragraphs ( C ) through ( F ) of paragraph (1) of subsection (i) will be met, in accordance with the Secretary ’ s certification and determination under such subsection, by such contract . ’’. ( 2 ) Subsection (i)(1) of such section is amended by inserting after ‘‘unless’’ the following: ‘‘the Secretary of D efense certifies in writing by no later than M arch 1 of the year in which the Secretary requests legislati v e authority to enter into such contract that’’. ( 3 ) Subsection (i)(1) of such section is further amended — ( A ) by redesignating subparagraph ( B ) as subpara- graph ( G ) and (B) by stri k ing subparagraph (A) and inserting the following: ‘‘(A) T he Secretary has determined that each of the require- ments in paragraphs (1) through ( 6 ) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees. ‘‘(B) The Secretary’s determination under subparagraph (A) was made after the completion of a cost analysis performed by the Cost Analysis Improvement Group of the Department of Defense and such analysis supports the findings. ‘‘(C) The system being acquired pursuant to such contract has not been determined to have e x perienced cost growth in excess of the critical cost growth threshold pursuant to section 2 4 33(d) of this title within 5 years prior to the date the Sec- retary anticipates such contract (or a contract for advance procurement entered into consistent with the authori z ation for such contract) will be awarded. ‘‘(D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic. ‘‘( E ) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense pro- gram for such fiscal year will include the funding required to execute the program without cancellation. ‘‘(F) The contract is a fixed price type contract.’’. (4) Subsection (i) of such section is further amended by adding at the end the following new paragraphs: ‘‘(5) The Secretary may make the certification under paragraph (1) notwithstanding the fact that one or more of the conditions of such certification are not met if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear con- tract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determina- tion with the certification. ‘‘(6) The Secretary of Defense may not delegate the authority to make the certification under paragraph (1) or the determination under paragraph (5) to an official below the level of U nder Secretary of Defense for Acquisition, Technology, and L ogistics. Certif i ca ti on.D ea dl ine.

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